Terms and Conditions

Acceptance and Eligibility

By accessing or using the Platform, you agree to these Terms and to use the Platform lawfully. You must be at least 18 years old and able to form a binding contract. You are responsible for ensuring that the information you provide is accurate and that your use of the Platform complies with applicable laws.

Accounts and Security

Some features require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. If you believe your account has been accessed without authorization, contact us promptly at team@thedealalley.com. We may refuse, suspend, or terminate accounts at our discretion, including for the reasons in Section 14.

Nature of the Goods - AS-IS, Liquidation, and Used Merchandise

Deal Alley sells overstock, customer-returned, open-box, refurbished, used, shelf-pull, salvage, and liquidation merchandise. You understand and agree that:

• All items are sold strictly "AS-IS," "WHERE-IS," and "WITH ALL FAULTS." This applies to every transaction, including auctions, buy-now orders, shipped orders, and local pickup orders.
• Items may be incomplete, missing parts, accessories, manuals, cables, packaging, or original boxes, may show cosmetic or functional defects, may have been previously opened, used, or returned, and may not function at all.
• Condition codes, grades, descriptions, photos, and estimated retail values are general guidance only. They are not promises and do not guarantee functionality, authenticity, completeness, safety, or resale value.
• You are responsible for inspecting and evaluating each item, or requesting available condition information, before you bid or buy. Placing a bid or order confirms you accept the item in its actual condition.
• You assume all risk associated with the purchase, possession, use, repair, and resale of the goods.

Listings, Condition Codes, Pricing, and Availability

Listings, inventory levels, estimated retail values, availability, and pricing may change at any time without notice. We aim for accuracy but listings may contain errors, omissions, or timing-related changes, and we may correct, cancel, or update any listing or order at any time, including after a bid or order is placed, where a pricing or description error has occurred. If we cancel a paid order for this reason, your sole remedy is a refund of amounts paid for that order.

Auctions and Bidding

• Bids are binding offers. When you place a bid, you make an irrevocable commitment to purchase the item at your bid price if you are the winning bidder. Bids generally cannot be retracted.
• Auctions may include starting bids, reserves, bid increments, soft-close or extended bidding, and buyer's premiums or fees, which will be disclosed in the listing or at checkout and which you agree to pay if you win.
• We may reject bids, cancel or re-list items, extend or end auctions, and remove bidders at our discretion, including for suspected fraud, non-payment history, or manipulation such as shill or collusive bidding.
• Winning bidders must pay within the time stated at checkout. Non-payment may result in cancellation, account suspension, forfeiture of deposits or fees, and being barred from future bidding.

Orders, Payment, Taxes, and Fees

When you place an order or win an auction, you agree to pay all applicable charges disclosed during checkout, including the item price, buyer's premium, buyer fees, applicable taxes, and shipping charges. Payment is processed by our third-party PCI-compliant processor; you authorize us and the processor to charge your selected payment method. You are responsible for all sales, use, and other taxes unless a valid exemption is provided in advance.

Fulfillment: Shipping, Local Pickup, Title, and Risk of Loss

Some items are eligible for shipping, some for local pickup, and some may have specific fulfillment requirements; the options and timelines shown for the listing or at checkout control. Title and risk of loss pass to you for shipped items upon our delivery to the carrier and for pickup items upon signature on the Pickup Order Sheet or physical release of the goods, whichever is first. We are not responsible for loss, damage, theft, or destruction of goods after title transfers.

All Sales Final; Returns and Refunds

Except where expressly stated otherwise for a specific listing, all sales are final. Return eligibility, if any, refund handling, and issue resolution vary by transaction type, listing condition, and order status, and the specific policy presented for that transaction controls. Local pickup orders are final and non-returnable. Where we elect, in our sole discretion or as required by law, to provide a remedy, our maximum liability is limited as set out in Section 12.

Regulated, Restricted, and Recalled Products; Resale Compliance

Certain items may be subject to federal, state, or local regulation, including electronics-recycling laws, product-safety recalls, hazardous-materials rules, licensing, and age-restricted-sales laws. You are solely responsible for identifying and complying with all such laws in your jurisdiction relating to the purchase, possession, use, and resale of the goods. We have no obligation to notify you of any recall, restriction, or regulatory action applicable to any item before or after sale. You agree not to resell or use any item in violation of law or any manufacturer restriction.

Disclaimer of Warranties

To the maximum extent permitted by law, the Platform and all goods are provided "AS-IS" and "AS-AVAILABLE," and we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that goods will be functional, complete, authentic, safe, fit for any purpose, or merchantable, or that the Platform will be uninterrupted, secure, or error-free. No advice or information, whether oral or written, creates any warranty not expressly stated here. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

Assumption of Risk

You knowingly and voluntarily assume all risks arising from the purchase, receipt, handling, use, storage, repair, modification, and resale of goods bought through the Platform, including risks of defect, malfunction, missing components, personal injury, and property damage. This assumption of risk is a material part of the consideration for the prices offered.

Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of use, business interruption, personal injury, or property damage, arising out of or relating to the goods, the Platform, or these Terms, even if advised of the possibility of such damages, and regardless of the legal theory.
• Our total aggregate liability for any claim arising out of or relating to a transaction or the Platform will not exceed the amount you actually paid to us for the specific item giving rise to the claim.
• These limitations apply to all claims in the aggregate, including contract, warranty, tort, negligence, strict liability, and statute.

Indemnification

You agree to defend, indemnify, and hold harmless IntelliCommerce Inc, Deal Alley, and their owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the goods or the Platform; (b) your resale, use, or distribution of any item; (c) your violation of these Terms or any law; or (d) your violation of any third-party right.

Prohibited Conduct

You may not misuse the Platform, interfere with its operation, attempt unauthorized access, submit fraudulent or non-paying orders, manipulate bidding, scrape or harvest data, or violate the rights of other users or third parties. We may suspend or terminate access if we believe you have violated these Terms, created risk for the Platform, or acted unlawfully.

Intellectual Property

The Platform design, branding, software, and site content are owned by or licensed to us and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from Platform content except as permitted by law or with our written permission.

Pickup Order Terms and Liability Disclaimer

The following terms apply to every order fulfilled by local pickup at a Deal Alley warehouse. By placing a pickup order or signing the Pickup Order Sheet at handoff, you agree to each clause below.

1. 1.AS-IS / NO WARRANTY. All pickup items are sold strictly AS-IS and WHERE-IS. We make no warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Products may include new, open-box, refurbished, returned, overstock, or salvage merchandise. Buyer acknowledges a reasonable opportunity to inspect or request condition information before signing.
2. 2.NO LIABILITY. To the maximum extent permitted by law, Deal Alley and its owners, employees, agents, and assigns are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from pickup products, including product defects or failures, personal injury, property damage, missing or incorrect components, or third-party claims. Buyer assumes all risk upon accepting goods.
3. 3.Condition Acknowledgment. Condition codes are general guidance only and do not guarantee functionality, completeness, or resale value.
4. 4.Regulated & Restricted Products. Deal Alley has no obligation to notify Buyer of any recall or restriction after sale. Buyer is solely responsible for identifying and complying with all applicable regulations, recalls, and restrictions.
5. 5.Title & Risk of Loss. Title and risk of loss pass to Buyer upon signature on the Pickup Order Sheet or physical release of goods, whichever is first.
6. 6.All Sales Final. All pickup sales are final. No returns, exchanges, or credits after execution of the Pickup Order Sheet unless agreed in writing by an authorized Deal Alley representative before the pickup date.

Dispute Resolution - Binding Arbitration and Class Action Waiver

Please read this section carefully because it affects your legal rights.

• Informal resolution first. Before filing any claim, you agree to contact us at team@thedealalley.com and attempt to resolve the dispute informally for at least 30 days.
• Binding arbitration. Any dispute arising out of or relating to these Terms, the Platform, or any transaction that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable consumer rules, rather than in court, except that either party may bring an individual claim in small-claims court.
• Class action waiver. You and we agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding.
• Jury trial waiver. You and we waive any right to a jury trial.
• Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing team@thedealalley.com with your name and "Arbitration Opt-Out."

Time Limit on Claims

To the extent permitted by law, any claim arising out of or relating to these Terms, the Platform, or any transaction must be filed within one year after the claim arose, or it is permanently barred.

Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, labor disputes, supply or carrier disruptions, utility or network failures, or governmental action.

Governing Law and Venue

These Terms and any dispute are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Subject to Section 17, the exclusive venue for any permitted court action is the state and federal courts located in Williamson County, Texas, and you consent to personal jurisdiction there.

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date and post the revised Terms. Your continued use of the Platform after changes take effect constitutes acceptance.

General

If any provision is found unenforceable, it will be limited or severed so that the remaining Terms stay in effect. If the class action waiver is found unenforceable, the arbitration agreement in Section 17 is void only as to the affected claims. These Terms are the entire agreement between you and us regarding the Platform and supersede prior agreements. We may assign these Terms; you may not without our consent. Our failure to enforce any provision is not a waiver.

Electronic Communications and Acceptance

You consent to receive communications and agreements electronically, and you agree that your electronic acceptance, including by creating an account, bidding, ordering, or signing the Pickup Order Sheet electronically, has the same effect as a handwritten signature.

Contact

IntelliCommerce Inc (Deal Alley)

3807 E University Ave, Georgetown, TX 78626

Email: team@thedealalley.com