Carnival Costume Resale Terms of Service

1. Introduction

Welcome to My Carnival Match, the Platform, an online marketplace that facilitates the resale of costumes between third-party sellers and buyers. By creating an account, accessing, or using our platform, you agree to comply with and be bound by these Terms of Service, the Terms. If you do not agree with these Terms, you must refrain from using our services.

2. User Eligibility

To list, purchase, or otherwise use the services on My Carnival Match, you must be at least 18 years old and capable of entering into legally binding agreements. Users are required to provide accurate, current, and complete information during registration and may be subject to an identity verification process to ensure the integrity and security of all transactions.

3. Platform Fees

• Listing Fee: A non-refundable fee of $4.99 is required to list a costume. Listings are subject to review and will typically be published within 2 to 8 hours after submission.
• Commission Fee: A 0% commission, covering payment processing and platform services, is deducted from the final sale price upon a successful transaction.
• Bank Transfer Fee: A $4 fee is applied to each payout transferred to a seller's account.
• Fee Modifications: We reserve the right to change our fees upon providing users with advance notice.
• Seller Payouts: The seller's payout will be processed once the buyer confirms the successful transfer of ownership. If the buyer fails to confirm or report any issues within five business days, My Carnival Match may release the payment to the seller upon receiving sufficient proof of transfer, provided the connected account is a US account. This policy does not apply to international accounts.

4. Seller Obligations

As a seller, you are responsible for the entire sales process and agree to the following:

• Pre-Listing Requirements: Before listing a costume, you must notify the respective Mas Band of your intent to sell and complete any required formalities to ensure a smooth transfer of ownership. All listings expire 9 days prior to the distribution date.
• Listing Accuracy: You must provide accurate, complete, and truthful descriptions of the item, including its condition and any included components. Misrepresentation or listing items you do not possess or have the legal right to sell is strictly prohibited.
• Listing Exclusivity: Sellers may list only one costume per Carnival season, band, and section for resale. This restriction does not apply to authorized Carnival concierge services.
• Post-Sale Transfer: Upon a successful sale, you must finalize any outstanding balance with the Mas Band and complete the legal transfer of ownership to the buyer within five business days. This includes providing all necessary documentation and proof of transfer.
• Communication: Sellers must respond to buyer inquiries within a reasonable timeframe. My Carnival Match may set a listing to inactive if the seller is unresponsive. To reduce the risk of duplicate sales, My Carnival Match may disable Buy Now and Make Offer on certain listings. You must remain communicative with My Carnival Match throughout the transfer process.

5. Buyer Obligations

As a buyer, you agree to the following:

• Due Diligence: You are responsible for carefully reviewing item descriptions, images, and all terms before making a purchase.
• Confirmation of Transfer: After the seller submits proof of transfer, you must confirm the transfer of the costume into your name with the Mas Band. You agree to log in to your My Carnival Match Account after the transfer, to confirm and release the seller payment or report any issues within five calendar days of the seller documenting the transfer.
• Cancellation Fee: If you do not confirm within 5 business days after the costume transfer is documented, My Carnival Match reserves the right to cancel, and a 4% cancellation fee will be applied.
• Final Sales: All sales are considered final. Refunds are only issued under the specific circumstances outlined in Section 6.

6. Refund and Payout Policy

Grounds for Refund

A buyer is entitled to a full refund only under the following specific conditions, a and b:

1. The seller fails to complete the costume ownership transfer process within five business days following the sale confirmation.
2. The Mas Band provides written confirmation via email that the costume is not registered in the buyer's name seven business days after the sale, provided the buyer has made reasonable attempts to verify the transfer.

Buyer's Remorse

Buyer remorse requires seller approval. Upon receiving seller approval, the order will be refunded, and a 4% cancellation processing fee will apply.

7. Obligation Fee

To ensure accountability, an Obligation Fee equivalent to 3% of the listed item price will be charged to the seller's card on file. This fee covers external costs, including processing fees, associated with refunded transactions resulting from the failure to meet post-sale obligations.

This fee applies if you:

• Fail to transfer ownership of the costume to the buyer after a sale on the Platform.
• Sell your costume outside of My Carnival Match but fail to deactivate your listing, resulting in a duplicate sale and an inability to transfer ownership to the Platform buyer.

8. Dispute Resolution

• Platform Role: My Carnival Match acts as a neutral intermediary. In the event of a dispute, including disputes regarding ownership transfer, we may investigate the matter by requesting documentation from both parties.
• Fund Handling: During a dispute, buyer funds will be held by the Platform until a resolution is reached.
• Final Decision: My Carnival Match reserves the right to mediate disputes at its sole discretion and take appropriate action, which may include refunding the buyer or releasing funds to the seller. Our decision in such matters is final.

9. Chargebacks

While the Platform utilizes security measures like 3D Secure to minimize fraudulent transactions, sellers are ultimately responsible for chargebacks. If a chargeback is initiated by a buyer and is not resolved in the seller's favor, you agree that My Carnival Match has the right to debit the full chargeback amount, plus any associated fees, from your account balance or future payouts. You agree to cooperate fully with My Carnival Match in the chargeback resolution process.

10. Prohibited Activities

Users are strictly prohibited from:

• Listing counterfeit, illegal, or unauthorized items.
• Engaging in fraudulent activities, including any form of misrepresentation.
• Using bots, scrapers, or other automated means to access or interact with the platform.
• Communicating or attempting to complete transactions outside of the My Carnival Match platform after a sale has been initiated. Contact information shared by the Platform is to be used solely for coordinating the official costume ownership transfer and for no other purpose.
• Violating any applicable local, state, national, or international laws or third-party rights.

11. Marketing and Communications

By creating an account, you consent to receive marketing and promotional communications from My Carnival Match, including emails and SMS messages. You may opt out of these communications at any time by using the unsubscribe link in an email or by contacting us directly.

12. Limitation of Liability and Disclaimer of Warranties

My Carnival Match is a platform provider and acts solely as an intermediary.

• As Is Service: Our services are provided as is and as available without any warranties, express or implied.
• No Guarantee: We do not guarantee the quality, safety, legality, or authenticity of items listed. We are not responsible for the actions or inactions of users, buyers, or sellers.
• Liability Cap: To the fullest extent permitted by law, My Carnival Match, its affiliates, and employees shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of the platform.

13. Amendments

We reserve the right to modify these Terms at any time. All changes will be effective upon posting on our website, and we will make reasonable efforts to notify you of significant changes. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in New York County, New York.

15. Data Sharing to Complete Transfers

To process a costume resale, My Carnival Match shares:

• Buyer to Seller and Mas Band: buyer's name and email to register the costume.
• Seller to Buyer: seller's name so the buyer can verify with the Mas Band.

16. Seller Identity Verification

• Verification required: To list items and receive payouts, sellers must complete Stripe Identity and Stripe Connect onboarding. Verification may include government ID upload, selfie biometric face match, ID number, address, and phone checks.
• Consent to processing: By listing, you authorize My Carnival Match to share your information with Stripe and you consent to Stripe's processing of your identity data, including biometric identifiers, per Stripe's Privacy Policy and Privacy Center.
• Data retention and access: Stripe stores a copy of verification data for up to 3 years, configurable by the business, and may retain biometric identifiers for up to 1 year to detect fraud. Deletion options are available subject to legal obligations.
• Verification results: My Carnival Match receives verification outcomes and related IDs from Stripe and may use them to approve, pause, or remove listings, and to hold or release payouts.
• Re-verification triggers: We may require re-verification for high-risk activity, including large orders, bank-account changes, mismatched names, disputes, or suspected fraud.
• Failure or refusal: If verification fails or is not completed, My Carnival Match may cancel listings, hold or return buyer funds, and suspend or terminate the seller account to protect buyers and the platform.

17. Contact Information

For any questions regarding these Terms, please contact us at [email protected].