eBay Purchase Terms and Binding Agreement
IMPORTANT NOTICE FOR EBAY LISTING
This legally binding Sales Agreement (“Agreement”) governs the transaction between the Seller and the Buyer for the purchase of the listed item. By completing the purchase on eBay, the Buyer accepts and agrees to all terms herein. This Agreement is valid and enforceable under the Uniform Electronic Transactions Act (UETA), the E-SIGN Act, and relevant civil codes. Physical signature is not required; purchase constitutes full legal acknowledgment.
This Agreement is structured in accordance with prevailing civil legal standards and is intended to be admissible and binding without physical signature, under the Uniform Electronic Transactions Act (UETA) and the E-SIGN Act.
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ITEM DESCRIPTION AND CONDITION
- Item: EVGA GeForce RTX 3080 Ti FTW3 ULTRA GAMING 12GB GDDR6X Graphics Card.
- Condition: Fully functional at the time of sale. Seller has completed full testing and documented the process via high-resolution video and photographic media.
- Representative Media: All listing photos are representative and not of the exact physical unit being shipped. They illustrate the type and model only.
- Serial Number Variation: The item shipped may bear a different serial number than shown. The actual serial number is recorded and available upon request.
- Packaging: Packaging may vary in appearance and condition from what is shown in listing images. Packaging may show signs of prior handling. No claims will be accepted regarding packaging discrepancies if the item inside is as described.
- Pre-Owned Disclosure: The item and its packaging are used and may exhibit wear. Buyers seeking new or pristine goods are advised to seek alternative listings.
- Scope of Sale: Only items explicitly shown and described in the listing are included. No accessories, cables, or additional items are included unless clearly stated.
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AS-IS SALE & NO WARRANTY
1. AS-IS CLAUSE: Item is sold strictly “AS-IS.” No express or implied warranties apply, including but not limited to merchantability or fitness for a particular purpose.
2. FINAL SALE: Returns, refunds, or exchanges are not accepted unless the item materially deviates from the documented and verifiable description.
3. BUYER INSPECTION: Buyer must inspect item upon delivery and raise any issues within 24 hours. Otherwise, acceptance is deemed unconditional.
4. RISK TRANSFER: Title and risk of loss transfer to Buyer once delivery is confirmed by the shipping carrier.
5. RETURN WAIVER: If Buyer fails to request actual photos or serial number prior to delivery, Buyer waives any right to claim non-conformity.
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EVIDENCE & FRAUD PREVENTION
1. TEST DOCUMENTATION: Seller records each item by serial number and documents testing in real-time via high-definition video and photos.
2. SERIAL LINKAGE: Any return claim must be linked to the documented serial number. All fraud attempts will be legally prosecuted.
3. EVIDENCE ACCESS: Buyer may request full documentation of the actual item for up to 30 days after receipt.
4. CARRIER CLAIMS: Buyer must resolve shipping damage or loss directly with the carrier. Seller may assist but assumes no liability for transit issues.
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BUYER’S AGREEMENT & LEGAL TERMS
1. By purchasing, Buyer confirms reading and accepting all terms.
2. Buyer affirms the item is operational at shipment and waives post-delivery failure as grounds for dispute.
3. No extrinsic statements or assumptions shall be binding beyond this written agreement.
4. FRAUD NOTICE: Buyers engaging in fraudulent claims or disputes will be subject to civil litigation in state court.
5. JURISDICTION: Disputes shall be governed by and interpreted under the laws of the Seller’s state of residence, and litigated exclusively in said state’s civil courts.
6. eBay Policy Acknowledgment: Buyer acknowledges that these terms form a private agreement and, where permitted by law, supersede conflicting return policies unless prohibited by eBay or federal/state law.
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ADDITIONAL PROVISIONS
- ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between parties and supersedes any prior verbal or written communications.
- SEVERABILITY: If any clause herein is held unenforceable, all remaining provisions remain in full force and effect.
- NO MODIFICATION: This Agreement may not be modified except in writing signed by both parties.
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FINAL WARNING
This Agreement is written to deter and defeat fraud. Any buyer attempting deceptive practices will face direct legal action outside eBay’s internal dispute system, including but not limited to small claims court filings, credit bureau reporting, and recovery of damages.
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