Homeschool Buy Purchasing Rules
www.HomeschoolBuy.com (“Homeschool Buy” or ”Website”) is owned and operated by its parent company, The Old Schoolhouse Magazine, LLC (“TOS”). For purposes of the Homeschool Buy Purchasing Rules (“Purchasing Rules”), “User” means and includes any person or entity accessing or using Homeschool Buy. The Purchasing Rules apply to all Users, all auctions, offers, listings and sales (“Listings”) and all items, goods or services (collectively, “Items”) posted, offered, sold or Listed on Homeschool Buy.
Purchasing Items online can be an exciting and beneficial experience when Users exercise caution and good judgment. Users should take the time to familiarize themselves with the specific rules, policies, procedures and practices of online sales websites, including Homeschool Buy, before entering into transactions, placing bids or purchasing Items. Apparently similar websites may have very different rules and policies. Understanding and following User Agreements and other applicable rules can help Users make informed decisions about online purchases and transactions.
Purchasing Rules Part 1: General Rules
PR 1.01 Purpose and Applicability. The Purchasing Rules are part of and incorporated into the Homeschool Buy User Agreement (“User Agreement”). Use of Homeschool Buy constitutes a representation, warranty and agreement that the User has read, understands and agrees to be bound by all portions of the User Agreement. Homeschool Buy and TOS have implemented the Purchasing Rules to explain the general rules governing Users who purchase, bid on or wish to purchase or bid on Items on and through Homeschool Buy (“Buyers”). Users accept full liability and responsibility for bids, offers and Items purchased by Users accessing their IP addresses and personal accounts. The Purchasing Rules apply only to Homeschool Buy and do not apply to any person, entity, organization, or website to or from which Homeschool Buy links or is linked, including without limitation other websites owned and operated by TOS. Users are strongly encouraged to read and review posted rules and policies on all websites, whether or not owned by TOS or affiliated with Homeschool Buy. Defined terms used but not defined in the Purchasing Rules have the meanings given elsewhere in the User Agreement.
PR 1.02 Understanding Listing and Selling. Buyers must read and understand the Homeschool Buy Selling Rules, which are a part of the User Agreement and these Purchasing Rules. These rules exist to govern the Listing and sale of Items at Homeschool Buy. Understanding how Sellers List Items helps prospective Buyers understand, use and benefit from opportunities and services available on and through Homeschool Buy.
PR 1.03 Compliance With Obligations. Once a Buyer wins or purchases a properly Listed Item, a contract exists between the Seller and the Buyer. The parties must honor their obligations under this contract. Users must (a) bid for or purchase Items only if the User has the capacity and intent to purchase and pay for the Items, (b) pay for purchased Items promptly following completion of the Listing, (c) pay for Items using one of the Seller’s chosen payment methods (as stated in the Listing), and (d) comply with all portions of the User Agreement and applicable law. Buyers who refuse to comply with these and other legal obligations may be held in violation of the User Agreement and applicable law and may incur charges, fees and other penalties, potentially including civil and criminal liability. Buyers who cannot comply with their obligations under the User Agreement or applicable law due to unforeseeable circumstances that could not be corrected before the end of the Listing may contact the relevant Sellers to attempt to negotiate an amicable resolution, but Buyers should be aware that Sellers are not obligated and may not be willing to accept alternative proposals.
PR 1.06 Contact Information. Each Buyer must provide Sellers with complete, accurate Buyer contact information following the end of Listings in which the Buyer purchased Items from the relevant Sellers. Complete, accurate Buyer contact information means, at a minimum, a valid user identification name, e-mail and mailing address where Items should be sent and sufficient additional information to enable Sellers to complete the transaction and deliver Items in a timely manner. Sellers may cancel or terminate transactions if Buyers refuse to provide complete, accurate contact information in a timely manner. Failure to provide complete, accurate Buyer contact information may also result in suspension or termination of the Buyer’s account and other penalties.
PR 1.07 Comments and Feedback. Users may post short, appropriate comments and feedback about other Users and experiences with specific transactions on appropriate portions of Homeschool Buy. Users who post false or misleading comments and feedback may be liable for legal damages. False or misleading comments and feedback may also result in suspension or termination of User accounts and other penalties. Comments and feedback must be posted in appropriate places and limited to specific, accurate discussion of specific transactions or Listed Items. Users accept sole liability and responsibility for comments and feedback posted on Homeschool Buy originating from or posted by Users accessing their IP addresses and personal accounts. Inappropriate or inappropriately posted comments and feedback may be deleted and may result in legal and disciplinary action. Homeschool Buy and TOS are not “content providers,” do not control and accept no liability or responsibility for comments and feedback left by Users or third parties.
PR 1.08 No Yelling. Use of ALL CAPS is “yelling” in Internet and message board etiquette and is considered rude. Please limit use of capitalized terms and do not post Item titles, descriptions or other messages in all-caps format and follow other standard forms of Internet etiquette.
PR 1.09 No Circumvention of Policies or Fees. Users may not use or attempt to use any software, hardware, business practice, system or technique to avoid or reduce Fees due or payable to Homeschool Buy, to circumvent the User Agreement or to avoid complying with any posted rule, policy, procedure or practice of Homeschool Buy. Users should carefully review the Homeschool Buy SPAM and Unsolicited Contact Policy, which contains additional terms relevant to this paragraph. Forbidden practices include, without limitation, attempting to purchase Listed Items in a manner which violates the User Agreement.
PR 1.10 Violations. Violations of the Purchasing Rules or any other portion of the User Agreement may result in a variety of consequences and penalties, including without limitation cancellation or termination of Listings, suspension or termination of User accounts or access privileges and forfeited fees. In some circumstances, violations may also subject the violator to civil or criminal liability.
Purchasing Rules Part 2: Registration, Bidding and Purchasing
PR 2.01 Registration. Only properly registered Users in good standing may place bids or purchase Items on Homeschool Buy. Registration is free of charge and subject to the terms of the User Agreement.
PR 2.02 Locating Items. Listed Items are classified using one or more searchable terms or categories. Listing titles and descriptions should describe Listed Items briefly but accurately. Item descriptions provide further information about Items, the terms of the Seller’s offer and the proposed transaction.
PR 2.03 Review Listings Carefully. The general rule of purchasing Items is “caveat emptor” – “let the buyer beware.” Users should review all portions of a Listing carefully before placing a bid or purchasing an Item, paying specific attention to details like Item price, shipping costs and permitted payment options. Users may also wish to research Sellers or read relevant comments and feedback before deciding to make a bid or purchase. Prospective Buyers may ask Sellers questions about Listings and Listed Items. Failure to read or understand the terms of a transaction before bidding or purchasing is not an excuse and generally does not relieve a Buyer of the legal obligation to follow through with the transaction on the terms stated in the Listing.
PR 2.04 Bidding and Purchasing. Homeschool Buy permits Sellers to create different types of Listings. Sellers may create single-Item Listings, multiple-Item Listings and Dutch-Style Listings in either fixed-price or auction format. Listing types are explained in Selling Rule 2.04 and elsewhere in the Homeschool Buy Selling Rules. Users should understand all applicable rules before registering for an account at or otherwise using Homeschool Buy. Users may purchase Items using accounts belonging to and registered in the name of the User placing the bid or making the purchase. Users may not purchase Items using someone else’s name, user identification name, account or information.
PR 2.05 Reserve Prices. Some auction-style Listings have a “reserve” or “minimum” price. This price represents the minimum amount a Seller will accept for a Listed Item. The Seller must establish and enter the minimum sale price at the time the Listing is created, but the minimum sale price may or may not be visible to Buyers. Sellers are not obligated to sell Items for which the minimum sale price is not met.
PR 2.06 Single and Multiple-Item Listings. Single Item Listings may List only a single Item for sale (e.g.: one pink rubber duck). Multiple Item Listings offer multiple identical or related Items for sale in a single Listing and for purchase by a single Buyer (e.g.: four pairs of ladies’ gym socks for sale to the highest single bidder). Buyers who place bids on or agree to purchase Items in a multiple-Item Listing are bidding on or purchasing all Items referenced and included in the relevant Listing.
PR 2.07 Dutch-Style Listings. Dutch-Style Listings (sometimes called “Dutch Auctions”) offer multiple identical Items in a single Listing, for purchase by one or more Buyers (e.g.: 20 blue rubber ducks, each priced at $5.00. Buyers can purchase as many or as few ducks as they wish). In a Dutch-Style Auction Listing may specify both the offered price per Item and the number of Items desired. Bids in Dutch-Style auction Listings are ranked according to bid price per Item, not number of Items desired (e.g.: a bid for 3 rubber ducks at $2.00 apiece beats a bid for 6 rubber ducks at $1.50 apiece, even though the second bid totals a higher dollar amount), but all winning bidders will pay a price per item equal to the lowest winning bid. Winning Buyers of Dutch-Style auctions may refuse to accept partial quantities if they win fewer than the number of Items bid for.
For example: A seller offers 6 rubber ducks for sale in a Dutch-Style Auction Listing. Buyer A bids to purchase 6 ducks at $1.50 apiece. Buyer B bids to purchase 3 ducks at $1.75 apiece. Buyer C bids to purchase 1 duck at $2.00. At the end of the auction, the lowest successful bid is $1.50. Buyer C (the highest bidder) wins 1 duck at $1.50 (the lowest successful bid). Buyer B (the second highest bidder) wins 3 ducks at $1.50 apiece. Buyer A (the third highest bidder) wins 2 ducks (the rest of the remaining ducks) at $1.50 apiece. However, Buyer A may either purchase the two ducks or refuse to purchase any ducks because Buyer A did not win the entire set of 6 ducks Buyer A originally bid on.
PR 2.08 Fixed-Price Items. Fixed-price Listings offer to sell Items at a fixed price set or established by the Seller. Fixed-price Listings generally end when the first Buyer agrees to purchase the Listed Items at the stated price or after a fixed period of time (if no Buyers agree to purchase the Listed Items). Buyers purchase fixed-price Items by clicking the Listing and entering appropriate information.
PR 2.09 Auction Items. Auction Listings offer to sell Items to the highest bidder as of the date and time the Listing expires. Some auction Listings may contain “minimum” or “reserve” prices, which establish the lowest price the Seller will accept for the Listed Items. Auction Listings which do not contain stated “minimum” or “reserve” prices must be sold for the highest price bid at the end of the auction, regardless of whether that bid meets the Seller’s desired or expected price. Auction Listings end on a specific time and date selected by the Seller and stated in the relevant Listing, unless terminated earlier consistent with the Selling Rules and other portions of the User Agreement.
PR 2.10 Bidding. A bid is a binding contract. Manipulation of the bidding process, including without limitation retraction of a bid, is almost never permitted and may result in legal liability as well as serious consequences for the User and account making the bid. Users bid on auction-style Listings by clicking on the Listing and entering appropriate information. All bids are legally binding with the exception of bids placed on Listed Items which are prohibited by applicable law or the User Agreement. At the end of an auction the highest bidder (in the case of single or multiple-Item auction Listings) or bidders (in the case of Dutch-style auction Listings) “win” the auction and are obligated to purchase the Listed Items in accordance with the User Agreement. “Winning” bidders must complete the transaction contemplated by and on the terms contained in the relevant Listing, subject to the Seller’s compliance, the User Agreement and applicable law.
PR 2.11 Cancellation or Retraction of Bids and Purchases. As a general rule, bids cannot be withdrawn, cancelled or retracted. Users are strongly cautioned to consider bids and Listing terms carefully before placing a bid or agreeing to purchase Listed Items. Attempts to cancel, retract or terminate a bid or purchase may result in serious consequences, including without limitation negative feedback, suspension or cancellation of User accounts, monetary penalties and legal liability. In extremely rare circumstances, bids and purchases may be cancelled, retracted or withdrawn. These circumstances include (a) situations where the bid or purchase would violate the User Agreement or applicable law and (b) certain types of typographical errors (e.g.: a User intends to bid $5.50 but accidentally enters $550.00), provided that bids cancelled, withdrawn or retracted due to typographical errors must be immediately re-entered in accurate form and may still result in negative feedback and other consequences. Users seeking to withdraw a bid must contact Homeschool Buy staff. Homeschool Buy reserves the discretionary rights to thoroughly investigate bid retractions and to impose penalties on Users who violate the User Agreement or applicable law.
PR 2.12 Seller Mandated Terms and Conditions. Sellers may determine and state the terms and conditions upon which they are willing to List Items for sale, subject to the User Agreement and applicable law. Buyers who do not or cannot meet the terms stated in a Listing may not bid on or purchase the Listed Items.
Purchasing Rules Part 3: Non-Permitted Practices
PR 3.01 Appropriate Business Practices. Buyers must engage in appropriate, honest business practices and behave according to reasonable commercial standards of good faith and fair dealing. Failure to act pursuant to these rules may result in suspension or termination of the Buyer’s personal account and other consequences or penalties. Inappropriate behavior includes, without limitation, (a) any behavior which, in the sole discretion of Homeschool Buy and TOS, violates the User Agreement, (b) engaging in fraud, misrepresentation or deceit, (c) bidding on Items or Listings in order to artificially raise the sale price of Listed Items, and (d) any form of bidding or purchasing designed or intended to disrupt a Listing or to prevent or interfere with permitted Listings and transactions.
PR 3.02 Bid Padding. Bid padding or “shill bidding” involves deliberate attempts to artificially inflate or drive up the purchase price of Listed Items. Bid padding and other forms of deliberate bid or price manipulation are strictly prohibited at Homeschool Buy, whether accomplished through the use of alternate identities (“aliases”), secondary accounts, friends, family members or any other method or agent. Users caught engaging in bid padding may face serious consequences, including without limitation account termination and legal liability.
PR 3.03 Inappropriate Interference. Users may not interfere with Listings or transactions between other Users in any manner which violates the User Agreement or applicable law. Inappropriate forms of interference include, without limitation, (a) bid padding, bid or price manipulation or other non-permitted forms of price interference, (b) contacting other Users to offer or arrange to purchase Listed Items outside of Homeschool Buy, and (c) contacting other Users during an ongoing Listing or following close of a Listing but prior to completion of a transaction in order to warn, dissuade or discourage either the Buyer or the Seller from proceeding with the transaction or purchase.
PR 3.04 Friends, Family and Associates. Friends, family members, employees and other associates of Buyers may not engage in any act, action or activity which the Buyer would be prohibited from taking or engaging in pursuant to the User Agreement or applicable law. Friends, family members, employees and other associates of Sellers may not (a) bid on auction-style Listings offered by those Sellers (but may purchase Items offered on a fixed-price basis) or (b) engage in any act, action or activity which the Seller would be prohibited from taking or engaging in pursuant to the User Agreement or applicable law.
Purchasing Rules Part 4: Payment Options
PR 4.01 Payment Methods. Sellers may review the payment methods permitted by Homeschool Buy and select the payment methods they are willing to accept. Buyers may select a preferred payment method from among the methods offered by a Seller and may ask, but may not require, Sellers to accept additional payment methods, whether or not those methods are generally available for use at Homeschool Buy. Payment methods must comply with the User Agreement and applicable law. Users should read Listings carefully and should not bid on or purchase Items before determining what payment methods the Seller accepts. Users should carefully evaluate the potential benefits and drawbacks of payment methods before placing a bid or purchasing Listed Items. Some payment methods involve higher degrees of certainty and risk than others. Homeschool Buy does not recommend cash as a payment method and strongly cautions Users against the use of cash and other payment methods (such as cash wire transfers) which provide little or no proof of payment or remedy for fraud. Homeschool Buy and TOS do not provide payment tracking, escrow services or other insurance or guarantees regarding payment methods or the security of information, payments or transactions conducted on and through Homeschool Buy.
PR 4.02 Permitted Payment Methods. Sellers may offer to accept one or more of the following methods of payment: major credit cards (e.g.: MasterCard, Visa, American Express, Discover), debit cards, PayPal, electronic bank payments, bank wire transfers, cashier’s or bank checks, certified checks, personal checks, money orders and other negotiable instruments. Sellers may also accept COD (cash on delivery) or cash for transactions conducted in person. Cash may not be sent through the United States mail. Sellers must possess the physical and technological capacity to process and accept offered methods of payment (e.g.: a Seller whose Listings state that the Seller will accept credit card payments must have a credit card processing account or other standard capacity to accept and process payments made by credit card). Payment methods which require offline payment may not offer the same level of protection as payments completed online. Users are cautioned to carefully evaluate and select the most appropriate payment method for each Listing and transaction.
PR 4.03 Shipping, Handling and Other Permitted Costs of Sale. Sellers may charge Buyers (a) the final purchase or bid price for Items actually purchased, (b) an amount equal to applicable federal, state and local taxes due on sale or transfer of Items, (c) reasonable shipping and handling costs, which means and includes the actual, reasonable cost to handle, package and mail Items to Buyers, and (d) insurance on Items or shipping, provided that Sellers use a licensed third-party insurer and charge Buyers no more than the actual fee or amount charged by that third-party insurer. Shipping and handling fees may not be calculated as a percentage of sale or bid prices. Homeschool Buy and TOS reserve the discretionary rights to evaluate and to require Sellers to document the reasonableness of shipping and handling costs and other costs charged by Sellers.
PR 4.04 Taxes and Related Fees. Users must investigate, understand and comply with applicable laws, rules and regulations relating to Listings, sales and transfers of Items, including without limitation laws relating to applicable transfer taxes and fees associated with the sale or transfer of Items. Homeschool Buy and TOS do not calculate, evaluate, track or otherwise monitor payment of taxes or other applicable fees.