Terms & Conditions
Vacay Extras User Agreement
By using the VacayExtras.com web site (the “Website”) or establishing an account with Vacay Extras and using the Vacay Extra service (the “Service”), you agree to the following terms and conditions (the “Vacay Extras User Agreement”).
Importantly, although Vacay Extras is commonly referred to as an online marketplace, it is not a traditional “retailer.” Instead, Vacay Extras acts as a venue to match buyers and sellers. Vacay Extras is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Vacay Extras has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.
“Your Information” is defined as any information you provide to Vacay Extras or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Vacay Extras acts as a passive conduit for your online distribution and publication of Your Information.
“Your Activities” include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.
Vacay Extras’ goal is to make you happy. In the event a dispute arises between you and Vacay Extras, please email Vacay Extras at firstname.lastname@example.org and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
General Overview: Terms
- You acknowledge that you must be 18 years or older to use this site or establish an account.
- You acknowledge that you bear sole responsibility for keeping your password secure.
- You agree not to use Vacay Extras for any illegal or unauthorized purpose.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
- You agree not to modify, adapt or hack vacayextras.com or modify another website so as to falsely imply that it is associated with Vacay Extras.
- You agree not to solicit, harass or impersonate Vacay Extras members.
- You agree not to transmit any worms or viruses or any code of a destructive nature.
Furthermore, while Vacay Extras discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
General Overview: Conditions
- Vacay Extras reserves the right to modify or terminate any service for any reason at any time, with or without notice.
- Vacay Extras reserves the right to refuse service to anyone for any reason at any time.
- You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Vacay Extras, you agree to allow other Vacay Extras users to view them and you agree to allow Vacay Extras to display the images and content on Vacay Extras, or in emails from Vacay Extras, and store the images, item description, profile and other content.
- All Vacay Extras graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Vacay Extras trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
II. Membership Eligibility
Vacay Extras services are free, but available only to individuals who can form legally binding contracts under applicable law. Vacay Extras services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Vacay Extras members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Vacay Extras. Further, you also agree not to transfer or sell your account (including feedback) or User ID.
III. Purchasing/Buyer Obligations and Guidelines
A buyer is obligated to complete the transaction of a purchase of an item on Vacay Extras in any shop immediately. A buyer is obligated to immediately pay in full if using Stripe by clicking the payment button during checkout.
A seller must abide by all of Vacay Extras’ policies and the seller’s own individual page policies and sell and the item as described. Likewise, a seller must abide by the seller’s own individual policies when dealing with other issues, for example, issues of damage and returns.
Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.
IV. Listing/Seller Obligations and Guidelines
Vacay Extras’ Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after Vacay Extras provides you with at least fourteen (14) days’ notice of the changes by posting the changes on Vacay Extras. However, Vacay Extras may choose to temporarily change Vacay Extras’ Fees and Credits Policy and the fees for Vacay Extras’ services for promotional events and such changes are effective when Vacay Extras posts the temporary promotional event on Vacay Extras. Vacay Extras may, at Vacay Extras’ sole discretion, change some or all of Vacay Extras’ services at any time. In the event Vacay Extras introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).
Unless granted an exception by Vacay Extras, Vacay Extras requires all seller accounts to provide a credit or debit card for the purposes of verification of their identity, and for payment of fees and services rendered.
You are responsible for paying all fees associated with using Vacay Extras’ service. The fees are automatically withdrawn from each sale.
Listing Description and Images: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Listings may not contain outbound links that direct users off of Vacay Extras. A listing’s main image must accurately represent the actual product that is for sale and must not infringe upon any third party’s intellectual property rights.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity.
Manipulation: The price stated in each Vacay Extras Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item’s price prior to a sale, and hacking into another’s account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.
Sellers have up to 90 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 90 days will not be honored.
V. Usage Guidelines
Third Party Content; Identity Verification: You understand that the Vacay Extras acts only as a marketing platform and technical interface between users and that Vacay Extras does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone and are not to be attributed to Vacay Extras. Vacay Extras cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use Vacay Extras at your own risk.
Please use caution, common sense, and practice safe trading when using Vacay Extras. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Vacay Extras, you agree to accept such risks and that Vacay Extras (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Vacay Extras.
Vacay Extras uses many techniques to verify the accuracy of the information Vacay Extras’ users provide to Vacay Extras when they register on Vacay Extras. However, because user verification on the Internet is difficult, Vacay Extras cannot and does not confirm each user’s purported identity. Thus, Vacay Extras has established a user-initiated feedback system to help you evaluate with whom you are dealing. Vacay Extras also encourages you to communicate directly with potential transaction partners through the tools available on Vacay Extras. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Vacay Extras shall not:
(a) be false, inaccurate or misleading;
(c) infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy, including but not limited to specific prohibition against users Listing, selling or distributing any Digital Version of textbooks on or through the Website;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Vacay Extras also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than Vacay Extras (this does not prevent linking to or advertising an Vacay Extras item from another web site); or
(dd) you do not have a right to link to or include.
(ee) have pricing deemed to be excessive on specific items needed for the health and well-being of the general populace in times of emergency or other market disruptions that cause a shortage of some goods.
Access and Interference: Vacay Extras may contain robot exclusion headers. Much of the information on Vacay Extras is updated on a real time basis and is proprietary or is licensed to Vacay Extras by Vacay Extras’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Vacay Extras for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Vacay Extras and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Vacay Extras.
Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Vacay Extras may, without prior notice, limit the number of purchases and listings, which you may place on Vacay Extras based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Vacay Extras. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Vacay Extras users, you agree that you shall not market or export your Vacay Extras feedback rating in any venue other than a Vacay Extras operated website.
VI. Miscellaneous Terms and Conditions
Breach: Without limiting other remedies available, Vacay Extras may, without prior notice, limit your activity, immediately remove your item listings, warn Vacay Extras’ community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(b) Vacay Extras is unable to verify or authenticate any of Your Information; or
(c) Vacay Extras believes that your actions may cause financial loss or legal liability for you, Vacay Extras’ users or Vacay Extras.
No Warranty: VACAY EXTRAS, VACAY EXTRAS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND VACAY EXTRAS’ SUPPLIERS PROVIDE VACAY EXTRAS’ WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VACAY EXTRAS, VACAY EXTRAS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND VACAY EXTRAS’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Indemnification: YOU AGREE TO INDEMNIFY AND HOLD VACAY EXTRAS AND (AS APPLICABLE) VACAY EXTRAS’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Vacay Extras Prohibited Items
Many laws, regulations and policies, in a variety of jurisdictions, regulate the goods and services that may be bought and sold. For your convenience, we have prepared a list of some of the types of prohibited and restricted items the advertisement for sale of which is not permitted on Vacay Extras.
Vacay Extras users remain responsible for complying with all applicable laws, regulations or restrictions on items, services or manner of sale, payment or exchange, and shipping or customs regulations that may apply to transactions in which they participate — including but not limited to those imposed by the state of Virginia, where the Vacay Extras service physically resides. We encourage you to research the applicable laws and regulations that may apply to your transaction.
Partial list of items for sale and services the advertisement of which is not permitted on Vacay Extras:
- Products that portray nudity in a gratuitous or graphic manner, including but not limited to pornography & X-rated movies
- Nude images of any sort, unless they have substantial social, artistic, or political value
- Sexual health products & sexual aid devices
- Adult-only novelty items
- Offer or solicitation of illegal prostitution
- All lingerie pictures must be tactful (no nudity)
Animals and animal products & medications
- Household pets of any kind including but not limited to dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish
- Pet & wildlife parts, blood, or fluids, including but not limited to breeding services, ejiao and badger fur
- Parts or products from federally endangered or threatened species, including fur and feathers
- Over-the-counter and prescription veterinary drugs or related products
- Medical devices for pets which require a veterinary prescriptio
Cosmetics, skin & hair care
- Used cosmetics, makeup sponges or applicators
- Cosmetics, colognes, perfumes, lotions which do not come in the original container
- Tester and sample items, including perfume testers or samples labeled “not intended for resale” or products which do not contain labeling with a list of ingredients
Currency, coins, cash & gift cards
- Counterfeit currency, coins, stamps, tickets, and paper money, as well as equipment designed to make them
- Imitation and prop money that is not conspicuously marked “Copy”
- Coupons, gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell
- State or federal assistance benefits
- Electronically delivered gift cards
- Dietary supplements, such as weight loss products, that contain undeclared or prohibited active pharmaceutical ingredients, or are marketed as unapproved new drugs
- Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval
- Products that have been the subject of a prior regulatory action, such as Food and Drug Administration (FDA) warning letters, safety alerts, or recalls, Drug Enforcement Administration (DEA) emergency scheduling, and Federal Trade Commission (FTC) orders or guidance
- Nonprescription drugs, supplements and topical products must be labeled in English, or dual-language including English and a foreign language, per CDC requirements
Digital books and textbooks
- Digital versions (e.g PDFs or other electronic copies) of textbooks, testing materials, instructor solution manuals, test banks, or related copyrighted works
- Any eBook published by the following publishers: Cengage; Elsevier; Bedford, Freeman & Worth Publishing Group LLC (dba Macmillan Learning); McGraw-Hill Education; Pearson
Drugs & drug paraphernalia
- Controlled substances or illegal drugs and narcotics, including substances and items used to manufacture controlled substances
- Products that cause or simulate the effects of any illegal drug, such as marijuana, hallucinogens, unwashed poppy seeds, and opium-based drugs
- CBD, hemp and hemp seeds containing concentrated CBD, resin or THC, or products containing these ingredients
- Kratom or any variation
- Products intended to defeat a drug test, such as urine additives and synthetic urine
- At-home test kits for diseases, viruses and cancer
- Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids
- Drug paraphernalia including but not limited to bongs & all related accessories, dab kits, pipes made from metal, glass, stone plastic or ceramic, vaporizers and related accessories
- Drugs and drug products that have not been approved by the FDA or have been recalled by the FDA
Expired products or products that have been recalled for any reason
Fake, imitation or knock-off items
- Material that infringes copyright and intellectual property, including but not limited to software or other digital goods you are not authorized to sell, warez, bootlegs (without consent of the brand)
- Counterfeit stamps and coins
- Products or services identified by Vacay Extras and/or government agencies to have a high likelihood of being fraudulent
- Fake or false documents such as diplomas, custom or pre-written essays, invalid click or “ad spam” products
Food and Beverage
- Alcoholic beverages including but not limited to wine, beer, liquor, moonshine, and grain alcohol
- Liquor licenses
- Non-packaged food items or adulterated food
- Products and ingredients that the Food and Drug Administration (FDA) has determined present an unreasonable risk of injury or illness, or are otherwise unsafe
Gambling and lottery items
- Lottery tickets
- Grab bags or mystery bags
- Raffle tickets
- Sweepstakes entries
- Slot machines
Hazardous and Dangerous Items
- Used or rebuilt batteries, or batteries containing mercury
- Fireworks, including but not limited to “safe and sane” fireworks or any destructive devices or explosives
- Information on how to make explosive devices, such as bombs
- Laser products
- Pesticides, insecticides, fungicides, herbicides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
- Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies
Human parts and burial artifacts
- Blood, body parts or bodily fluids, including synthetic urine
- Historical grave markers or tombstones, Native American burial items, and artifacts removed from Native American land, federal or state land, or a battlefield site
Illegal and unlawful items
- Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, cable descramblers, or phone & wiretapping products
- Stolen property, or property with serial number removed or altered
- Burglary tools, including but not limited to lock-picks, motor vehicle master keys, skeleton keys, shoplifting devices, sensormatic detachers or devices designed to duplicate a key
- Driver’s licenses and other government-issued identification cards, false identification cards and passports, items with police insignia, citizenship documents, or birth certificates
- Photoblocker sprays or license plate covers designed to block detection by red light cameras, toll both systems, police cameras, or other photo detection sources
- Products designed to intentionally block, jam, or interfere with licensed or authorized radar and radio communications or traffic signals
- Card skimming & code grabbing devices
- Videos, sound or other recordings taken without the subject’s permission
- Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
- Products that enable a user to gain unauthorized access (or make unauthorized changes) to systems, devices, or property such as jailbroken products and hacking devices
- Items that promote or glorify hatred, violence, racial, sexual, or religious intolerance, or promote organizations with such views
- Listings that graphically portray graphic violence or victims of violence, unless they have substantial social, artistic, or political value
Plants and seeds
- Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests
- Plants, Plant Products, and Seeds must meet Federal Trade Commission regulations to be truthful, not misleading, and backed by scientific evidence
Tobacco or nicotine products and accessories
Weapons and related items
- Firearms and firearm parts, BB guns, scopes, silencers, ammunition and ammunition magazines
- Hidden, disguised or undetectable knives, switchblade knives or automatic knives where there is no manual stud or screw visible, butterfly knives, dual-action knives, gravity knives, paratrooper knives, and push knives
- Sword canes
- Martial arts weapons including but not limited to throwing knives, throwing stars and nunchucks
- Hunting equipment including but not limited to crossbows, bows, spear guns, throwing spears, animal snares and traps
- Tear gas, mace or pepper spray
- Stun guns or tasers
- Toy, imitation, or “look-alike” firearms that do not have required markings, including cell phone cases and purses that resemble firearms
- Toy crossbows that have the capability of shooting small, sharp projectiles (e.g., toothpicks, pins)
Other prohibited items
- Subscriptions to magazines, newspapers periodicals and other publications, whether physically or digitally delivered
- Wholesale and distributor lists
- Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell
- Used bedding and clothing, unless sanitized in accordance with law
- Pre-orders of any kind or listings which a seller does not currently have in-stock
- Listings that violate the intellectual property rights of brands or other rights owners
- Listings with pricing deemed to be excessive on specific items needed for the health and well-being of the general populace in times of emergency or other market disruptions that cause a shortage of some goods