User Agreement

CONTENT

 


Acceptance of Agreement

This User Agreement is a legally binding agreement between you as the user(s) of the Site (“User”, “you”, “your”) and Exstock.com Pte Ltd (“Exstock”, “we”, “us”, “our”). Should you disagree to the Terms stipulated in this Agreement, please do not access, browse or use our website (“our Site”) and our mobile application (“our App”).

By completing the registration process and accessing, browsing or using our Site and App, you agree to be bound by Terms & Conditions of this Agreement, and all Policies and Guides governing our Site and App.

We reserve the right to change any of the Terms and Conditions contained in this Agreement or any Policies or Guides governing our Site and App, at any time and in our sole discretion. Any changes will be effective upon posting of the revisions on our Site. All notice of changes to this Agreement will be posted on our Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced Policies and Guides may be posted without notice to you.

YOUR CONTINUED USE OF OUR SITE/ APP AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. SHOULD YOU DISAGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE OUR SITE/ APP OR THE SERVICES.

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Applicable Policies and Guides

Following Policies and Guides contained in the footer of our Site and App are incorporated by referenced into, and made part of, this Agreement. These Policies and Guides explain the processes and set out acceptable conduct and prohibited practices. We may change these Policies and Guides in the future, if deem necessary by us, and such changes will be effective immediately upon posting without notice to you.

 

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Eligibility

Exstock is a unique virtual marketplace that connects buyers and sellers in the sale and purchase of Industrial exstock or readily available stock. Our target users are Industrial players that are registered companies with valid e-mail addresses and credentials. Use of our Site/ App and Services is limited to parties that lawfully can enter into and form contracts under applicable law. To register, you must provide your real name, company address, phone number, e-mail address, and valid credit card information, bank details (wherever applicable). You represent and warrant that your business is duly organized, validly existing and in good standing under the laws of the country in which your business is registered; and any information provided or made available by you to Exstock is at all times accurate and complete.

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Terms & Conditions of Use

Basic Requirements

  • All texts used for listing must be in English

  • All prices must be in US dollars

Exstock is a venue

  • Exstock is a platform for exchanging information between buyers and sellers of products. We represent neither the seller nor the buyer in specific transactions. As a result, we do not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products offered for sale on our Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. We encourage you to communicate with potential transaction partners through tools available in our Site, at specific phases of the transactions, to clarify all your doubts prior to completing the transactions.

  • There may be risks of dealing with potential transaction partners with false identities. Despite of the fact that we use several techniques to verify the accuracy of the information our users provide us when they register on our Site, we cannot confirm each user’s real identity, as user verification on the Internet is difficult.

  • Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using our Site to conduct transactions, such risks shall include, but are not limited to, misrepresentation of products, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost miscalculations and transportation accidents. Each User agrees that Exstock shall not be liable or responsible for any damages that may arise a result of or in connection with any transaction risks.

User Account

There are 3 types of User on Exstock:

  • Seller

  • Buyer

  • Guest

Seller and Buyer shall complete the registration process to become member of Exstock to access and utilize the host of features and services provided by Exstock, including Listing and Purchasing. One Company can register more than 1 Seller and Buyer account. During registration, Seller will be guided to enter their User Name, access Password and e-mail address. Buyer will need to create their access Password and enter their e-mail address. Seller is identified by User Name and e-mail address, whilst Buyer is identified by e-mail address.

Guest need not complete the registration process, but have limited access to Exstock features and services as follow:

  • View Seller’s Product Listing, Storefront, Ratings & Reviews

  • Search & List Products

  • Perform Sort on Product Listing

  • Post General Help to Exstock

  • Perform Products Comparison

  • Add & Access Cart (but cannot purchase product)

  • Add, View and Delete Wish List

 

Password & Security

Your Exstock account information is protected by a Password. It is crucial that you protect against unauthorized access to your account and information by choosing your password carefully, and keeping your password secure. Develop a good habit of signing out after using our services.

To protect your password, it is recommended that you change it periodically. Choose a strong password and avoid passwords that are easy to guess. Exstock requires you to enter password with at least 8, and up to 24 characters. At least one numeric and one alphabet characters shall be used. No space is allowed. Password shall not start with symbol.

For additional notes on Security Protection, please view our Security Protection Guides.


Listing

Exstock is a dedicated platform for the sale and purchase of industrial exstock or readily available stock of following categories of products:

  • Cables

  • Cable Components & Accessories

  • Enclosures

You are welcome to list your products that belong to above categories on Exstock. By listing your products on our Site, you warrant that you and all aspects of the items comply with Exstock Listing Policy. It is your responsibility to accurately describe your items when uploading them into our Site. Your listings may only include text, graphics, images, catalogues and other content relevant to the listed items. If the specified quantity is more than 1, all items in that listing shall be identical. Each unique item shall have its own listing.

Refer to Seller’s Guides for details pertaining to listing and roles of Sellers on Exstock.


Listing Policy

All data, text, graphics, images, catalogues, items that you submit, post and display on Exstock shall not:

  • infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

  • be fraudulent or involve the sale of illegal, counterfeit or stolen items;

  • be defamatory, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

  • be false, inaccurate or misleading;

  • be obscene or contain child pornography;

  • contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  • host images not relevant to the listing;

  • use Exstock for illegal purposes;

  • commit any acts of infringement on Exstock or with respect to content on Exstock;

  • engage in commercial activities apart from sanctioned use of Exstock services.


Purchasing

Buyers are responsible for scrutinizing the description and content of items before making a purchase. Once Buyer checks out an order, the transaction becomes binding sale. Seller is obligated to ship the order or Buyers is obligated to arrange for their delivery company to pick the items up, dependent upon Shipment Method selected by Buyers.

Buyers are encouraged to communicate with sellers regarding the condition and specifications of the item before making a purchase.

Refer to Buyer’s Guides for details pertaining to sourcing, purchasing and roles of Buyers on Exstock.

For details of value-add services provided on Exstock for Buyers, refer to RFQ Guide, Shipping Guide and Insurance Guide

 

Taxes and Duties

GST/VAT

Applicable GST/VAT is derived from Sellers’ entries during registration. This GST/VAT is included in Sellers’ transaction price for Sellers to collect and remit to the appropriate tax authority. Sellers shall indicate if they are GST/VAT registered company in their respective country during registration.

Besides GST/VAT, which is derived by Exstock, Sellers shall determine whether other applicable Seller taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Exstock is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Exstock expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by Exstock and used by Seller.

"Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on our Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives. It is Seller’s responsibility to declare tax to their respective Country’s government.


Custom Duties & Taxes

The recipient of an international shipment may have to pay customs duties, taxes and fees levied by the destination country once shipment reaches recipient’s country. As customs policies vary from country to country, Exstock has no control over these charges nor can pre-define what they may be. These fees/ charges are not included in the transaction price. Applicable import taxes and/ or duties shall be borne by Buyers. Please contact your local customs office for more information. Please note that mandatory customs clearance procedures can cause delays beyond our original delivery estimates.

Purchase and Payment 

Following payment methods are supported by Exstock:

  • Credit Card (via PayPal)

Card payments are processed through third-party payment channels and supports VISA, Mastercard, American Express, Discover and Union Pay. Buyer and Seller can pay to Exstock with Credit Card.

  • PayPal

All PayPal transactions are processed via PayPal. Buyer and Seller can pay to Exstock with PayPal (applicable payment gateway fees shall be borne by Exstock). Seller can also receive payments from Exstock through PayPal. For receiving payment, applicable payment gateway fees shall be borne by Seller.

  • Alipay (hold till further notice)

All Alipay transactions are processed via Alipay. Buyer and Seller can pay to Exstock with Alipay (applicable payment gateway fees shall be borne by Exstock). Seller can also receive payments from Exstock through Alipay. For receiving payment, applicable payment gateway fees shall be borne by Seller.

  • Bank Telegraphic Transfer

Seller can receive payments from Exstock through bank telegraphic transfer. For receiving payment, all applicable interbank agent fees shall be borne by Seller.

 

Exstock provides a secured escrow service, ensuring that all parties’ interests are protected until the transaction is completed satisfactorily. Payment will be received from Buyer upon completion of checkout. It will be held in third party payment gateway (PayPal, Alipay) before releasing to Seller. Checks will be carried out by Exstock to ensure pre-requisites such as no dispute from Buyer and uploading of Proof-of-Delivery are met prior to payment release.

Payment withholding period is fixed at thirty (30) days from shipment commencement date (or ready for self-collection initiation by Seller for Self-Collection shipment method). At the lapse of thirty (30) days, regardless of any acknowledgement received from Buyer, Exstock will release the withheld payment to Seller after deducting fees payable to Exstock including transaction fee (with GST, if applicable) and Chargeable Weight Amount by International Shipment for under-declared item weight. Upon receipt of item, Buyer is encouraged to perform Goods Receipt and Rate & Review the Seller. By acknowledging Goods Receipt, Buyer is acknowledging that they have received the right quantity of goods, and all items are in good working condition as described.

If Buyer does not acknowledge Goods Receipt and does not contact Exstock, the items are assumed to have arrived and have been received by Buyer at the end of the thirty (30) days period. It is also assumed that the items have arrived in the right quantity, and they are in good working condition as described.

Payment release will be processed on end of each month. Sellers are advised to allow up to 10 to 15 working days for the transfer to come through dependent upon the payment receipt method.


Dispute and Refund Policy 

Within thirty (30) days from shipment commencement date (or ready for self-collection initiation by Seller for Self-Collection shipment method), Buyer may initiate a dispute via Exstock if item received is of significantly different condition/ quality as described and/ or communicated with Seller. Exstock will help to investigate and mediate with Seller for replacement of item or refund. For replacement, Buyer will have to communicate with Seller directly on shipping arrangement. Dispute shall be closed upon receipt of replacement item and Goods Receipt confirmation by Buyer.

For dispute initiated by Buyer for missing/ undelivered item, Exstock will help to arrange for insurance claim with the insurance agent (for item purchased with optional insurance coverage). Exact insurance claim value will be dependent on investigation results of the insurance agent. For details on insurance coverage, refer to Insurance Guide

Exstock Reservation of Rights

Exstock reserves the right, in our sole discretion, to determine the content, appearance, design, functionality and all other aspects of our Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of our Site and the Services and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all items in our sole discretion.

Exstock may, in our sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/ or cancel any of your transactions. You will stop and/ or cancel orders of your items if we ask you to do so (provided that if you have transferred your items to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/ or cancel delivery by such carrier or shipper). You will refund Buyer (in accordance with this Agreement) that has been charged for an order that we stop or cancel.

Exstock also reserves the following rights:

  • the right, without notice or reason, to suspend or disable your account;

  • the right to refuse or withdraw your access to Exstock in accordance with applicable laws for any reason at any time, with or without notice, and in Exstock sole discretion, you violate or breach any of our Agreement and other associated policies;

  • the right, without notice, to remove data, text, graphics, images, catalogues, items that you submit, post and display on Exstock that, in Exstock sole discretion, are violating the listing policies;

  • the right access any or all of your accounts in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data;

  • the right to terminate without notice User accounts and delete any associated data if that account has been inactive or disabled for ninety (90) days or more;

  • the right to report you to the police or other judicial body if, in Exstock sole discretion, that your conduct is unlawful or threatens the welfare of any user of Exstock or the Services or any member of Exstock staff.

 

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Fees Structure & Payment Terms

All fees are payable in U.S. Dollars (USD) unless stated otherwise and are incorporated herein by reference. The Fees Structure & Payment Terms may vary in the future. The Fees Structure & Payment Terms in effect on the date of the transaction shall govern the transaction. You should check the fees and terms each time you participate.


For Sellers

Listing and Renewal Fee

  • Listing Fee is charged at non-refundable USD 0.30 per month (USD 1 cent per day) n advance for each quantity of product listed by the seller, listing expires on 90th day from listing.

  • Renewal Fee is automatically charged monthly at non-refundable USD 0.30 for each quantity of product listed by the seller after Listing expires.

  • Seller is required to upfront deposit USD 60 upon registration via Payment Gateway.  This is used to deduct seller’s Listing Fee, Renewal Fee, Promotion Fee, Advertisement Fee and Refund Payment Gateway Fee.

  • Payment Gateway Fee for payment receipt from sellers for the deposit to be borne by Exstock.

 

Membership Fee

  • Seller’s Basic and Premium Membership Fees are listed as follow:

 

 

  • Basic Member upon registration will enjoy free membership. 

  • Premium Membership Fee is charged at non-refundable USD 600 per Year (USD 50 per month) upon Registration.

  • Payment Gateway Fee for payment receipt from sellers for the Membership Fee to be borne by Exstock.

 

Promotion Fee

  • Basic Sellers are able to select one of the following packages for their product promotion:
    • 2 days Promotion charged at non-refundable USD 6

    • 5 days Promotion charged at non-refundable USD 10

    • 14 days Promotion charged at non-refundable USD 18

  • For Premium Sellers, there will be a fixed 20% discount on the above product promotion price

  • Fees will be deducted from Sellers’ Deposit Account

 

Transaction Fee

  • Transaction Fee is charged at non-refundable 5.5 % on Product List Price or Product Discounted Price.

  • Total Transaction Amount (i.e., Total Order Amount) is determined by Product List Price or Product Discounted Price + Shipment Fee + Insurance Fee.

  • Following conditions apply:

    • Payment Gateway Fee for payment receipt from buyers for Total Transaction Amount to be borne by Exstock.

    • Payment Fee (bank TT or Payment Gateway Fee) for payment release to sellers (Product List Price or Product Discounted Price) to be borne by sellers.

For elaboration and illustration on applicable fees and their calculations, refer to Seller’s Guides.

 

For Buyers

Quotation Download Fee

  • Quotation download fee is charged at non-refundable USD 5 per quotation download

  • Payment Gateway Fee for payment receipt from buyers to be borne by Exstock

For elaboration and illustration on fees calculations, refer to Buyer’s Guides.

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Disclaimer of Warranties

Exstock is a unique virtual marketplace that connects buyers and sellers in the sale and purchase of Industrial exstock or readily available stock. Items listed on Exstock are most likely unused items that may have been stored in sellers’ warehouses or workplace for some amount of time. It is therefore not realistic to expect that all items listed on our Site have warranties, unless individual Sellers are willing to provide. We therefore encourage Buyers to inquiry conditions of the items prior to committing to purchase.

The data, text, graphics, images, catalogues, products, services, and material available through Exstock (whether provided by Exstock, you, other users or Affiliates/Third Parties), including but not limited to, submissions, text, photos, graphics, audio files, video and links are provided "as is" and "as available" without any warranty or condition, whether expressed, implied or statutory. Exstock specifically disclaims any implied warranties of condition, validity, accuracy, performance, correctness, reliability, quality, durability, stability, title, merchantability, fitness for a particular purpose, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. Exstock assumes no liability or responsibility for any errors or omissions in or provision of the Services; any failures, delays or interruptions in Exstock; any losses or damages arising from the use of Exstock; or any conduct by Users of Exstock.

Exstock does not represent or warrant that the manufacture, import, export, distribution, offer, display, purchase, sale and/ or use of items or Services offered or displayed on our Site does not violate any third party rights.

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Limitation of Liability

You agree that Exstock shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use our Site.

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Entire Agreement

This Agreement, including any Terms and Conditions incorporated herein by reference, and the other Policies and Guides, including but not limited to the Privacy Policy, constitutes the entire agreement between you and Exstock, and supersedes and cancels all prior agreements regarding Exstock.

You shall not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under this Agreement and other Terms and Conditions without our prior expressed written consent.

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No Waiver

Exstock will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by the relevant parties. No delay or omission by Exstock in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

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Jurisdiction and Applicable Law

This Agreement (including any Terms and Conditions incorporated herein by reference, and the other Policies and Guides) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.

You irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Service agreement or their subject matter or formation (including non-contractual disputes or claims).

You agree that all legal proceedings arising out of or in connection with these Terms of Service, or services available on or through at Exstock must be filed with the courts of Singapore, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Your use of our Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice.

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Contact

Questions, comments and requests pertaining to this Agreement are welcomed and should be sent by e-mail to contact@exstock.com.

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