ShopItUp US — Terms of Sale
Effective date: 2026-09-16 · Last updated: 2026-09-16
These Terms of Sale incorporate the binding individual arbitration agreement and class action waiver in Section 18 of our Terms of Service. You may opt out of arbitration within 30 days as described there.
1. About these Terms
These Terms of Sale ("Terms") govern your purchases, as a buyer, from sellers on the ShopItUp platform at shopitup.us (each, a "Store"). They supplement our Terms of Service.
The platform (the "Platform") is operated by ShopItUp Inc., a Delaware corporation ("ShopItUp," "we," "us"). Our mailing address is 2810 N Church St STE 90010, Wilmington, DE 19802.
The following documents form part of these Terms:
- the Terms of Service, including Section 18 (Dispute resolution and binding arbitration);
- our Privacy Policy;
- the Return Policy of the Store you buy from, shown on the Store's page and at checkout;
- our Shipping Policy;
- our Prohibited and Restricted Items Policy; and
- our Listing Reporting and DMCA Policy.
You accept these Terms by checking the box indicating your agreement when you place an order.
2. Where the Platform is offered
Orders can be shipped only to addresses in the 50 United States and the District of Columbia, from Stores located in the United States. All prices are in U.S. dollars.
3. ShopItUp is a marketplace, not the seller
ShopItUp provides an online marketplace, acts as each Store's limited agent to receive payment (Section 7), and, where a Store chooses, arranges shipping labels (Section 9).
ShopItUp does not own, sell, or take title to any item listed on the Platform. Each Store is an independent business and the seller of the items it lists. When you buy an item, your contract of sale is between you and the Store.
ShopItUp does not pre-screen listings, verify the qualifications of Stores, or inspect items, and does not guarantee the quality, safety, legality, or accuracy of any listing.
Seller information. Where the INFORM Consumers Act requires it, we show buyers certain information about high-volume sellers on the listing page: the seller's name, contact information, and address. A seller whose only address is a residence has their state and country shown instead of a street address, as the Act permits.
4. Listings and prices
Stores are responsible for their listings, including descriptions, photos, availability, and prices.
Before you place an order, checkout will show:
- the item price;
- shipping charges;
- applicable sales tax;
- the total price;
- the estimated shipping or delivery date; and
- the Store's Return Policy.
ShopItUp does not charge buyers any fees. Any other mandatory charge will be included in the price displayed for an item.
If an item is listed at an obviously incorrect price because of an error, the Store or ShopItUp may cancel the order and give you a full refund (Section 5).
5. Orders, acceptance, and cancellation
Placing an order. Placing an order is an offer to buy the items in your cart on these Terms.
Acceptance. Your order is accepted when we send you an order confirmation by email. The confirmation will include the Store's details, the items ordered, the total price, the shipping or pickup arrangements, and the Store's Return Policy.
Cancellation by the Store or ShopItUp. The Store or ShopItUp may cancel an order before it ships, for example if an item is out of stock, mispriced, suspected to be fraudulent, or removed under Section 12. If this happens, you will receive a full refund.
Shipping deadline. Stores must ship within the time stated at checkout. If no time is stated, ShopItUp requires the Store to ship within 7 days after your order — stricter than the 30-day default under the FTC's Mail, Internet, or Telephone Order Merchandise Rule, which continues to apply.
Delays. If a Store cannot ship on time, you will be notified of the delay and given the option to cancel your order for a full refund, as required by the FTC's Mail, Internet, or Telephone Order Merchandise Rule.
Cancellation for late shipment. If an order is not shipped or made available for pickup within 7 days after confirmation, and you have not agreed to a delay, ShopItUp may cancel your order and give you a full refund. You can ask us to cancel it by contacting support@shopitup.us with your order number. This is in addition to your rights under the FTC Rule described above.
Refund timing. Refunds for cancelled orders are issued to your original payment method promptly, and in any event within the time required by law. Your card issuer may take additional time to post the refund.
6. Sales tax
How tax is calculated. Sales tax is calculated at checkout based on the address your order ships to, or the pickup location, and is included in your order total.
Where ShopItUp collects. Where ShopItUp is registered in that state, ShopItUp collects and remits the sales tax as the marketplace facilitator.
Where ShopItUp does not collect. Where ShopItUp is not registered, no sales tax is charged at checkout. In that case, you may be responsible for paying use tax to your state.
Exemptions. Some states exempt certain items, such as clothing. Where an exemption applies, it is reflected in the tax shown at checkout.
7. Payment
Stripe. Payments are processed by our payment processor, Stripe, Inc. ("Stripe"). You authorize Stripe, on our instruction, to charge your payment method for the total shown at checkout.
ShopItUp as the Store's payment agent. Each Store appoints ShopItUp as its limited agent solely to receive payment from buyers. Your payment through the Platform fully satisfies your obligation to pay the Store for your order, as if you had paid the Store directly.
Payment disputes. If you believe you were charged incorrectly, please contact us at support@shopitup.us so we can try to resolve it quickly. This does not affect any right you have under federal law to dispute a charge with your card issuer.
8. Pickup
Some Stores offer pickup instead of shipping. The exact pickup address and instructions are provided in your order confirmation. See the Shipping Policy for details.
9. Shipping and risk of loss
ShopItUp Shipping Service. Where a Store uses the ShopItUp Shipping Service, ShopItUp only arranges a shipping label and tracking as a service to the Store. The carrier is responsible for transportation. The Store remains responsible for:
- packaging;
- the contents of the shipment; and
- delivery to you.
Risk of loss. Unless applicable law provides otherwise, the Store bears the risk of loss of or damage to an item until it is delivered to the address you provided or collected by you at pickup.
Lost or damaged items. Report lost or damaged items to the Store, which is responsible for resolving them under its Return Policy and applicable law.
See the Shipping Policy for more details.
10. Returns, refunds, and warranties
Store Return Policies. Each Store sets its own Return Policy, which is shown on the Store's page and at checkout. ShopItUp is not the seller and does not have its own return policy. Whether a return or refund is granted is determined by the Store's Return Policy, except where the law gives you greater rights. Nothing in a Store's Return Policy or these Terms limits those rights.
How to request a return. Contact the Store using the details in your order confirmation or on the Store's page.
How refunds are paid. Refunds approved by a Store are paid to your original payment method. ShopItUp issues the refund on the Store's behalf from funds available to the Store, and is not otherwise responsible for funding refunds except where required by law.
Warranties. Any warranty for an item is given by the Store, not ShopItUp. Many items on the Platform are secondhand and may be sold "as is" where the law allows. The listing and the Store's policies will say so.
11. Problems with a Store
If you have a problem with an order, contact the Store first. If you cannot resolve it within a reasonable time, contact us at support@shopitup.us with your order number.
We may, at our discretion, help facilitate a resolution, for example by contacting the Store or, where our policies allow, issuing a refund from the Store's funds. We are not a party to your contract with the Store and are not obliged to resolve the dispute.
12. Reporting listings
If you believe a listing is counterfeit, stolen, infringing, unsafe, recalled, or otherwise breaks our policies, or you have concerns about a seller, report it using the options in our Listing Reporting and DMCA Policy.
ShopItUp may, at its discretion and without liability to you:
- remove or disable listings;
- cancel orders, with a full refund to you; or
- suspend or close Stores.
13. Reviews
If you post reviews, questions, photos, or other content ("Your Content"), it must be truthful, lawful, and your own. You grant ShopItUp a non-exclusive, royalty-free, worldwide license to host, display, reproduce, and distribute Your Content in connection with operating and promoting the Platform.
We will not remove or suppress honest reviews because they are negative. We may remove reviews that are fake, abusive, unlawful, or unrelated to the purchase.
14. Disclaimers
The Platform is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPITUP MAKES NO WARRANTY ABOUT ANY STORE, LISTING, OR ITEM, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow these exclusions, so some of them may not apply to you.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) THE SHOPITUP PARTIES (AS DEFINED IN THE TERMS OF SERVICE) ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY ORDER; AND
(b) THE SHOPITUP PARTIES' TOTAL LIABILITY ARISING FROM OR RELATING TO ANY ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER.
Nothing in these Terms limits any right or remedy you have under consumer protection law that cannot lawfully be limited. Some states do not allow these limits, so some of them may not apply to you.
16. Disputes and governing law
Section 18 (Dispute resolution and binding arbitration) and Section 19 (Governing law) of the Terms of Service apply to these Terms and to any Dispute relating to an order.
Disputes between you and a Store. Disputes between you and a Store about an item are between you and the Store. ShopItUp is not a party to them.
17. Changes to these Terms
We may update these Terms from time to time, as described in the Terms of Service. The Terms in effect when you placed an order apply to that order.
18. Notice to California residents
Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
19. Contact
ShopItUp Inc. 2810 N Church St STE 90010, Wilmington, DE 19802 Email: support@shopitup.us
ShopItUp™ is a trademark used under license.