Terms of Use
Ruby Lane Seller Agreement
Our Authority. We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Seller. We are under no obligation to remove or change any item, picture, or posting from our Site at any Seller's request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing or assisting with any disputes between or complaints about any Sellers or between Sellers and Buyers. In the event of a concern, claim or dispute, Sellers shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly. We reserve the right to refuse service to anyone, to reject any Seller membership applications, and to discontinue existing service at any time. We also reserve the right to close down any shop, or stop offering any of our services to any Seller, due to unprofessional conduct or practices, Buyer complaints, listing components or items that do not meet Site listing requirements, and other issues which we consider, at our sole discretion, to be disruptive to the business and reputation of our Site.
-
Seller Representations and Covenants. By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) you have legal title to and ownership of the products and the content (including all intellectual property rights) that you feature on the Site; and (c) the information you have provided us during the registration process and thereafter, including all information relating to your items for sale, whether or not posted on the Site, is to the best of your knowledge complete, truthful and accurate. You also agree to:
- Deal with us and with Buyers in good faith, and refrain from offering any items that you have no intention to sell
- Honor the terms of sale and comply with other policies posted on the Site
- Refrain from any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any Buyer or Seller
- Promptly pay all applicable sales taxes arising from your transactions on the Site
- Refrain from any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any Buyer or Seller
- Only open shops on our Site using your real, verifiable name, and allow us to check periodically your real identity by requesting for verification as may be reasonable and appropriate, at our sole discretion.
You agree that you will not:- Harass or interfere with the privacy of any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any Seller, Buyer, Ruby Lane or Ruby Lane, Inc.
- Facilitate or complete any transaction for a listing on the Site outside of Ruby Lane, in an attempt to avoid paying applicable Ruby Lane fees, and/or applicable sales taxes
- Engage in any other kind of behavior to avoid paying applicable sales taxes arising from your transactions on the Site
- Utilize, copy, modify, distribute, or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission
- Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any Seller or Buyer
- Violate any laws, third party rights, or any of our policies posted on the Site.
We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site and to any Buyer, upon your breach of any of the above representations and covenants. Fees. By accessing our services, you agree to pay all applicable fees posted on our Site. Please see the section entitled "Seller Charges and Fees" on our Site for a complete fee schedule. In addition to our fees, in any jurisdiction where we have an obligation to collect sales taxes on sales you make using our services, we may collect such sales taxes from you via the payment method we have on file for you, or via any other means available to us.
Release of Claims. Our Site acts as the venue for Sellers to conduct sales and for Buyers to purchase Sellers' items. We are not involved in the actual transaction between Sellers and Buyers. In the event you have a dispute with another Seller or with a Buyer, you hereby release Ruby Lane, Inc. (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Intellectual Property Rights. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.
Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
Termination. This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use our Site as a Seller.
Limitation of Liability. You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees you have paid to us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RUBY LANE OR A RUBY LANE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You will indemnify and hold us (and our 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 your violation of any law or any rights of a third party.
No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
Venue. The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
Notices. Unless specifically provided otherwise, all notices under this Agreement may be provided via email or ordinary first class U.S. mail at the sending party's election. Email notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice sent by ordinary first class U.S. mail shall be deemed given seven (7) calendar days after the date of mailing. Our address for notices is: Ruby Lane, Inc., 381 Bush Street #400, San Francisco, CA 94104, Attn: Legal Department; email: agreement1@rubylane.com. Notices from us to you shall be sent to the email address you provided to us during your registration process. Notices from us to you which we choose to send via ordinary first class U.S. mail shall be sent to the address you provided during the registration process.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
Additional Policies. In addition to this Agreement, there are other policies governing the buying and selling and general user experience that we post on our Site under "Help" (collectively, "Policies"). Our Policies may be changed from time to time and such changes take effect when we post them on the Site. We will not notify you when we amend any Policies. When using particular services on the Site, you are subject to any posted Policies applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Policies during the term of this Agreement. In the event you fail to do so, you agree to promptly correct your action when notified by us.
Amendments. We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on our Site. You will be notified of the fact that this Agreement has been amended when you next log on to our Site and be asked to accept the new amendments before you can proceed further.
Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one (1) arbitrator which shall be appointed by JAMS. The arbitration shall be administered by JAMS. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. The arbitrator may also award monetary damages, punitive damages, injunctive relief, rescission, restitution, costs and attorneys fees. The arbitration award shall be final and binding.
Survival. The following sections shall survive the termination of this Agreement: Sections 2 through 21.
Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.
Listing Requirements by Lane
Common Ruby Lane Shop Requirements
To provide Ruby Lane customers and shop owners with the highest quality of products and services, we require all shops to meet our quality standards:General
-
You must be registered on Ruby Lane with your My Account showing:
- complete first and last name
- working email address
- mailing address
- working phone number
- This information is used by Ruby Lane, but not viewable to Buyers
- Your Ruby Lane account must be in good standing at all times
- Ruby Lane does not tolerate the usage of false names or virtual identities to transact business on the Site
- Ruby Lane reserves the right to request evidence of your real name and address at any time to prevent abuse
Your Shop
- Keep at least 10 items available for purchase in your shop at all times. There is no maximum limit
- Offer at least one Online method of payment in your shop, such as PayPal, or offer a Traditional method of payment of a credit card using your own merchant account
- Must not have any unresolved customer complaint against it
- Any complaint must be resolved in a timely manner
- If you are unsure if the items you wish to sell qualify, please inquire with Ruby Lane before setting up your shop
Your Items
- All items listed must be available for sale
- Unavailable merchandise listed in your shop is not acceptable and turns buyers away from all shops on Ruby Lane
- All items are subject to the Ruby Lane quality assurance program, or flagging system, where other Ruby Lane shop owners can flag your items for your review, and to random shop reviews by our Shop Review Team specialists
- Ruby Lane retains the right to decide whether an item is appropriate for display
- Items that cannot be legally sold or traded cannot be listed and if listed will be subject to immediate removal by Ruby Lane
Item Listings
- Full text descriptions are required, which should contain item measurements and condition details, including flaws or wear if present.
- Listings must provide all information necessary to support fully informed decisions to purchase.
- No keyword spamming, or using text unrelated to the item, is allowed.
- Appraisal documents or valuations may only be mentioned/shown if the person executing the appraisal has an earned accreditation from a nationally recognized professional appraiser organization and has no personal or commercial relationship to the seller.
- Each Lane (Antiques, Jewelry, etc.) has its own listing requirements, so items listed within a Lane must meet the site requirements for that Lane.
- Each Lane (Antiques, Jewelry, etc.) has a minimum price limit. There is no maximum limit.
- Items that are known to be faked or reproduced must be listed with supporting information that clearly distinguishes them as authentic originals.
Item Images
- A high-quality primary (first) image that displays only the item for sale (Does not apply to items in the Dolls Lane).
- It must be obvious based on the primary image what is actually offered for sale.
- At least one quality image that displays the entire item.
- Additional images may be required for some items based on other guidelines.
- Sufficient additional images to allow shoppers to make a fully-informed decision to purchase.
- The final image for each item may include other relevant items, in addition to the listed item, to illustrate the item in a picturesque grouping.
Bulk or "Lot" Sales
A single listing contains multiples or groups of different items- Each item must be of good quality and able to meet age requirements for the Lane in which it is listed.
- All items included must be closely related within a single collecting niche.
- Cannot contain jewelry pieces, with the exception of a coordinated set or grouping of items made or intended to be worn together.
- Items listed as a group must sell as a group; items available for individual purchase should be listed separately.
- No so called "repair lots" of broken or damaged items. Does not apply to items in the Dolls Lane.
Conduct of Business
Ruby Lane holds our shop owners to a very high, ethical, conduct of business. If a customer complains directly to us about a shop- We investigate the complaint, and direct the shop to resolve the complaint against them
- If the complaint cannot be resolved in a timely manner, we may temporarily close the shop until the complaint is resolved
- A second complaint is sufficient grounds for removing the shop from Ruby Lane.
Antiques Requirements
- High quality pieces.
- 100 years or older.
- $50 USD or more.
- Antique Postcards $10 or more.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
- Meet all the Common Requirements.
Collectibles Requirements
- True collectibles, authentic, high quality pieces.
- Meet all the Common Requirements.
Vintage Collectibles
- $5 USD or more.
- Providing the year an item was made recommended.
- Reproductions are not allowed.
- Postcards: We strongly recommend providing a clear image of the back of the postcard as well as the front.
- Books: Publishing information (e.g Author(s), publisher, print year, edition number, ISBN number) if present must be stated in the listing.
- Reference book or price guide should state 'New' or 'used.'
Less than 20 Years Old
- If item is dated, date must be provided in listing
- No new items purchased or available for retail purchase in the past year
- No items handcrafted within the last 20 years, even if the materials are old
- Signed authentic memorabilia allowed if dated by year in the listing
- No books, videotapes, DVDs, Blu-ray discs, or similar digital media less than 20 years old, other than reference works or price guide books for items that qualify to be sold on Ruby Lane
Dolls Requirements
- True collectibles, authentic, high quality pieces. Reproductions are not allowed.
- All dolls, doll accessories or doll related item, Steiff or Fine Plush items must be listed in the Dolls Lane.
- If a doll body is not original, it must be stated.
- Replacement clothes or wigs on dolls are acceptable but must be stated.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
- No 'put-togethers' - dolls made partially or entirely of antique or new parts, such as a head ground down from a figurine to fit an all bisque body.
- Meet all the Common Requirements.
Antique Dolls, Pre 1949 Steiff & Fine Plush
- Dolls Pre-1930.
- Customs and Border Protection (CBP) regulations for duty assessment require items to be over 100 years old at the time of importation
- Steiff & Fine Plush Pre 1949.
- $25 USD or more.
Vintage Dolls, Post 1950 Steiff & Fine Plush
- 20 years or older.
- $10 USD or more.
Guides & Publications
- Publishing information (e.g Author(s), publisher, print year, edition number, ISBN number) if present should be stated.
- Publications or price guide listings should state 'New' or 'Used'.
- No age requirement.
- $10 USD or more.
Artist Dolls, Artist Made Clothing and Accessories, Fine Plush Artist Made
- Artist dolls may be OOAK or Manufactured.
- Artist made doll clothing and doll accessories must be high quality, unique and hand crafted.
- If not made by the shop's owner, the artist must be credited in the listing.
- No items purchased or available now or in the past from gift catalogs or gift-type retailers.
- No items created with craft kits as these are not originals.
- No items that are copies of antique or vintage manufactured dolls and doll accessories, as these are not unique.
- No age requirement.
- Artist Dolls: $25 USD or more.
- Artist Made Fine Plush: $25 USD or more.
- Artist Made Clothing or Accessories: $10 USD or more.
Art Requirements
- High quality original authenticated art or numbered limited editions signed by the artist.
- $25 USD or more.
-
Limited edition copies of an original artwork must be
- Numbered
- Produced by the hand of the original artist (ie signed by them), or
- Bear evidence of having been produced under the original artist's direction or approval (ie bears their personal remarque)
- No copies of another artist's work whether done by hand or machine
- No items of decorative or applied arts
- No open editions or Limited edition copies of an original artwork produced in excess of 1500 copies
- No commonly available, mass-produced prints
- No items made in artist factories where many artists are working assembly-line fashion and producing nearly identical pieces
- Meet all the Common Requirements.
Antique Art
- 100 years or older.
- $50 USD or more.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
- Anonymous works if their age can be reliably established even though not signed or authenticated
- If an artist's signature or remarque is present it must be pictured and be clearly readable in at least one image.
Furniture, Lighting & Rugs Requirements
- Authentic, high quality pieces.
- Meet all the Common Requirements.
Antique Furniture, Lighting & Rugs
- 100 years or older.
- $100 USD or more.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
Vintage Furniture, Lighting & Rugs
- 20 years or older.
- $50 USD or more.
- Providing the year an item was made recommended.
- Reproductions are not allowed.
Glass Requirements
- Authentic, high quality pieces.
- Items should consist primarily of glass
- Meet all the Common Requirements.
Antique Glass
- 100 years or older.
- $50 USD or more.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
Vintage Glass
- 20 years or older.
- $5 USD or more.
- Providing the year an item was made recommended.
- Reproductions are not allowed.
Jewelry Requirements
- Authentic, high quality pieces.
-
All jewelry items must be listed in the Jewelry Lane
Examples: Necklaces, bracelets, anklets, earrings, brooches/pins, rings, charms, pendants/lockets, cuff links, hatpins, stickpins, dress clips, watches, watchbands and watch fobs, multiple coordinating pieces originally manufactured/created to be matching sets, such as parures and demi-parures. - Examples that are NOT jewelry pieces: Hair sticks or combs, barrettes, hairpins, pony tail holders, key rings, clothing buttons, book marks, cigarette cases, lanyards, eyeglass chains, compacts, purses and handbags, decorative zipper pulls, rosaries, trinket boxes, vanity or table top jewelry boxes, commercial presentation boxes originally sold with jewelry pieces that are empty of original contents, unset stones, unset cameos, and other non-artisan jewelry components.
- A clear image of both the front and back of the jewelry piece, unless they are identical
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content (for Artisan, only those added by Artist) are present, the marks must be shown and be clearly readable in at least one image.
- If a jewelry item is claimed to be made of a precious metal, but has no quality or fineness mark, the item must be tested and the testing results must be included in the item description
- No commonly available, mass-produced jewelry or jewelry components
- No unset stones, unset cameos, and other jewelry components
- No pieces intended for the adornment of inanimate objects or animals
- No bulk sales or "lots" in which a single listing contains groups of unmatched jewelry pieces, with the exception of a coordinated set or grouping of items made or intended to be worn together.
- Meet all the Common Requirements.
Antique Jewelry
- 100 years or older.
- $50 USD or more.
Vintage Jewelry
- 20 years or older.
- $10 USD or more.
- Providing the year an item was made recommended.
- Reproductions are not allowed.
Contemporary, Fine Jewelry
- Less than 20 Years Old.
- High quality handcrafted, unique items made of precious metals.
- No items that are mass-produced,
- Or, the item must be marked or signed by a designer or luxury brand.
- $250 USD or more.
Artisan Jewelry
- $20 or more.
- Pieces should reflect a high level of inventiveness, originality and creativity in design
- Finished pieces must reflect a careful consideration of the design, materials, proportions and colors
- The artist's contribution must be at least 50% of the final product
- Artisan beads, chains, clasps, closures or enhancers that have been handcrafted by the shop's owner
- Items from independent artisans selling their own products
- Items not made by the shop's owner are not allowed.
- Jewelry pieces created with craft kits; these are not original designs
- No "Artist factory" pieces, where many anonymous artists work in assembly-line fashion to produce nearly identical pieces
- An artisan making similar pieces of his/her own unique design is allowed
Porcelain & Pottery Requirements
- Authentic, high quality pieces.
- Porcelain should consist primarily of hard or soft paste porcelain, bone china, or parian
-
Pottery should consist primarily of opaque earthenware, or pottery
Examples: basalt, delftware, creamware, ironstone, jasper ware, majolica, pearlware, queensware, stoneware - Meet all the Common Requirements.
Antique Porcelain & Pottery
- 100 years or older.
- $50 USD or more.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
Vintage Porcelain & Pottery
- 20 years or older.
- $5 USD or more.
- Providing the year an item was made recommended.
- Reproductions are not allowed.
Silver Requirements
- Authentic, high quality pieces.
- Item should consist primarily of sterling silver, coin silver, silverplate, or be manufactured silverware
- No items that are only silver in color
- Meet all the Common Requirements.
Antique Silver
- 100 years or older.
- $50 USD or more.
- If any marks indicating maker, manufacturer, country of origin, and/or precious metal content are present, the marks must be shown and be clearly readable in at least one image.
Vintage Silver
- 20 years or older.
- $5 USD or more.
- Providing the year an item was made recommended.
- Reproductions are not allowed.
Fashion Requirements
- Authentic, high quality pieces.
- All clothing and fashion accessories items must be listed in Fashion Lane
- Disclose whether clothing has or has not been cleaned
- Must include clear images of any manufacturer's labels present
- Clean foundation undergarments such as bras and girdles are allowed, but no used or previously worn underwear
- No jewelry of any type: jewelry pieces should be listed in Jewelry Lane
- No items that are not specifically an article of clothing or a finished fashion accessory
- Meet all the Common Requirements.
Antique
- 100 years or older.
- $50 USD or more.
Vintage
- 20 years or older.
- $10 USD or more.
Seller Charges and Fees
Our Fee Structure is listed below. There are no hidden costs or long-term contracts.
Fees
|
|
| Setup Fee |
None |
| Listing Fee | Free |
| Maintenance Fee |
$25 per month, includes Unlimited items
|
| No Maintenance Fee |
Add at least 15 items during the month to receive a rebate of $25. |
| Service Fee |
9.9% based on Purchase Order total (does not include Sales Tax), Capped at $250 * |
The minimum monthly cost of maintaining a shop on Ruby Lane is $25, and $0 if the Maintenance Fee Rebate requirements are met.
*The Service Fee cap is applicable to each item on a Purchase Order, irrespective of the quantities purchased, provided that relates to a single listing where an item has multiple quantities. For example, if a Purchase Order includes a decorative plate, listed as a single item, with 10 available, and those were all purchased together for a total of $5000, the total Service Fee for those 10 plates collectively would be capped at $250. If the plates had been listed as individual items and purchased together on a single Purchase Order, the total service fee would be $49.50 each, totaling $495 for all the items on the Purchase Order.
Please note that these Fee Structures may not apply to items sold during a hosted event**
To opt-in to the Current Fee Plan (for Shops open before July 1, 2021 only):
1. Visit your shop Accounting page.
2. On the banner, click Fees Comparison.
3. At the bottom of the Fees Comparison page, click Switch and follow the prompts.
Previous Fee Structure
applies only to shops opened prior to July 1, 2021, which have not opted-in to the New Fee Structure
**A hosted event is where a third-party organizer hosts an online event, utilizing the Ruby Lane framework. Any terms and conditions related to becoming a vendor and participating in such an event are defined by the external organizer, the details of which are clearly provided when registering for an event. These may include but are not limited to Fees such as Registration Fees or event-specific Service Fees rates and caps.
Participation in a hosted event is also subject to Ruby Lane standard Terms and Conditions.
More Details on Seller Charges and Fees
Your Ruby Lane account is funded on a prepay basis, similar to the way most sellers sell their items online: you pay us first and then we provide services.
Shop Fees can be paid using PayPal, Visa, MasterCard, American Express or Discover credit cards. From your Accounting page, select Fund Account then choose your method of payment.
- All Ruby Lane shops must have sufficient funds available in their Ruby Lane account by the 1st of the month to pay the fees due for the new month and click charges, if any, incurred in the prior month. Use the Projected Account Summary shown under Accounting, Current Balance at any time during the month to get an idea of how much you will need to have in your account by the 1st.
- Your Ruby Lane account must be funded ahead of time with PayPal, or by entering your credit card information, and selecting a payment option. PayPal and credit card payments are credited to your account instantly, in most cases. It is important to know that it does take time to set up a new PayPal account, so plan accordingly if you do not already have an account.
- If there are insufficient funds in your Ruby Lane account on the 1st of the month:
- your account balance will go negative
- your statement found in the Statement History section of your accounting will indicate that payment is overdue
- we extend a 15-day grace period to deposit sufficient funds
- we may try to contact you by direct email
- the grace period cannot be extended past the 15 days we offer
- If there are still insufficient funds in your Ruby Lane account on the 16th of the month:
- your shop and all linked shops are placed in preview (not open to the public)
- a $25 late / re-open fee is added to your account
- Please understand that this procedure is completely automated so exceptions cannot be made under any circumstances. It is your responsibility to ensure that sufficient funds are in your Ruby Lane account on the 1st. Shops that wait until the last minute to make payments run the risk of being put into preview because of technical glitches or other unforeseen circumstances.
- If you have submitted a PayPal eCheck which did not clear your bank twice in the last year, and this scenario occurs for the third time in a year, you will be sent an email stating your shop has been placed in preview status and is no longer active on Ruby Lane. After approximately 72 business hours, your shop and all linked shops(s) will be permanently removed from our site. The 72 hours will allow you time to clear all outstanding transactions, copy all your shop data, including item descriptions, photos, history records, accounting records, reports, and other shop information because once your shop is removed, the data cannot be recovered.
- If your shop has been placed in preview for insufficient funds three times in a 12 month period, your shop will not be eligible for reopening on Ruby Lane.
- Shops who choose to close permanently and who have at least $1 in their account may request and receive a refund of their credit balance. Shops must make their refund request at the time of closing. For shops who close other than the last day of the month, maintenance fees will be pro-rated. Paid options such as Paid Featuring are non-refundable. Any non-refundable option will be clearly stated as such in advance. Shops will receive their refund 30 days from the time they request it, provided there are no unresolved transactions.
Lower My Fees
| Maintenance Fee Rebate | |
| Maintenance Fee Rebate |
Add at least 15 items during the month to receive a rebate of $25 |
Ruby Lane Buyer Agreement
Our Authority.We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Buyer. We are under no obligation to remove or change any item, picture, or posting from our Site at any Buyer's request and any such requests shall be resolved at our sole discretion. In transacting with Sellers, Buyer is solely responsible for exercising the principle of "buyer beware" just as Buyer would in any real marketplace. We are not responsible for addressing or assisting with any disputes between or complaints about any Buyers or between Buyers and Sellers. In the event of a concern, claim or dispute, Buyers shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a Buyer, we will investigate the complaint at our sole discretion and direct the Buyer to respond to the other party directly. We reserve the right to refuse service to anyone, to reject any Buyer membership applications, and to discontinue existing service at any time. We also reserve the right to assist Sellers in blocking any Buyer from purchasing items from Seller's shop, to cancel Buyer's membership and deny access to our Site of any Buyer, due to Buyer's unprofessional conduct or practices, Seller complaints, and other reasons which we consider, at our sole discretion, to be disruptive to the business and reputation of our Site.
-
Buyer Representations and Covenants. By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) the information you have provided us during the registration process and thereafter is to the best of your knowledge complete, truthful and accurate. By continuing to access the Site, you also agree that you will:
- Deal with each Seller in good faith, and refrain from contracting (via completing a Purchase Order) with any Seller for items that you have no intention to purchase
- Abide by the payment terms and terms of sale, and comply with the policies of each Seller as well as the policies posted on the Site
- Promptly pay any monies that are owed by you to any Seller, especially after taking possession of an item
- Promptly pay all applicable sales taxes arising from your transactions on the Site
You agree that you will not:- Interfere with the business of any Seller, or post false, inaccurate, misleading, defamatory, or libelous content about any Seller, Buyer, Ruby Lane or Ruby Lane, Inc.
- Facilitate or complete any transaction for a listing on the Site outside of Ruby Lane, in an attempt to avoid paying applicable sales taxes, or in an attempt to help a Seller avoid paying Ruby Lane fees
- Engage in any other kind of behavior to avoid paying applicable sales taxes arising from your transactions on the Site
- Utilize, copy, modify, distribute, or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission
- Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any Seller or Buyer
- Engage in any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any Seller or Buyer
- Violate any laws, third party rights, or any of our policies posted on the Site.
We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site and to any Seller, upon your breach of any of the above representations and covenants. Release of Claims. Our Site acts as the venue for Sellers to conduct sales and for Buyers to purchase Seller's items. We are not involved in the actual transaction between Buyers and Sellers. In the event you have a dispute with another Buyer or with a Seller, you hereby release Ruby Lane, Inc. (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Intellectual Property Rights. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.
Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
Termination. This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use our Site as a Buyer.
Limitation of Liability. You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Buyers and Sellers and that we have no control over and do not guarantee the quality, safety, authenticity, value, or legality of the items advertised on the Site by Sellers, the ability of the Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the purchase price you have paid Seller for the item(s) in dispute. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RUBY LANE OR A RUBY LANE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY ITEMS YOU PURCHASE FROM ANY SELLER, AND EXCEPT AS STATED IN OUR RETURN POLICY ON THE SITE, WE DO NOT PROVIDE ANY REMEDIES TO ANY BUYERS WITH RESPECT TO ANY SUCH ITEM.
Indemnification. You will indemnify and hold us (and our 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 your violation of any law or any rights of a third party.
No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
Venue. The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
Notices. Unless specifically provided otherwise, all notices under this Agreement may be provided via email or ordinary first class U.S. mail at the sending party's election. Email notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice sent by ordinary first class U.S. mail shall be deemed given seven (7) calendar days after the date of mailing. Our address for notices is: Ruby Lane, Inc., 381 Bush Street #400, San Francisco, CA 94104, Attn: Legal Department: email: agreement1@rubylane.com. Notices from us to you shall be sent to the email address you provided to us during your registration process. Notices from us to you which we choose to send via ordinary first class U.S. mail shall be sent to the address you provided during the registration process.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
Additional Policies. In addition to this Agreement, there are other policies governing the buying and selling and general user experience that we post on our Site under "Help" (collectively, "Policies"). Our Policies may be changed from time to time and such changes take effect when we post them on the Site. We will not notify you when we amend any Policies. When using particular services on the Site, you are subject to any posted Policies applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Policies during the term of this Agreement. In the event you fail to do so, you agree to promptly correct your action when notified by us.
Amendments. We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on our Site. You will be notified of the fact that this Agreement has been amended when you next log on to our Site and be asked to accept the new amendments before you can proceed further.
Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one (1) arbitrator which shall be appointed by JAMS. The arbitration shall be administered by JAMS. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. The arbitrator may also award monetary damages, punitive damages, injunctive relief, rescission, restitution, costs and attorneys fees. The arbitration award shall be final and binding.
Survival. The following sections shall survive the termination of this Agreement: Sections 2 through 20.
Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.