Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fire Kicks, LLC ("Fire Kicks," "we," "us," or "our"). By accessing or using shopfirekicks.com, our mobile applications, or any of our in-store point-of-sale services (collectively, the "Platform"), you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Platform. We reserve the right to update these Terms at any time; continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

You must be at least 18 years old (or 13–17 with verifiable parental consent) to use the Platform. By using the Platform, you represent and warrant that you meet this requirement.

Fire Kicks operates as a resale marketplace where authenticated sneakers, streetwear, and accessories are bought, sold, and traded. We operate both as a direct buyer/seller (buying items from individuals and reselling them ourselves) and as a platform facilitating transactions between independent sellers and buyers.

All items sold through Fire Kicks are pre-owned, authentic goods from the secondary market. They are not sold by the original manufacturer or an authorized dealer. Manufacturer warranties, brand loyalty programs, or brand-specific benefits typically do not transfer to secondary-market purchasers.

Our resale operations are legally authorized under the First Sale Doctrine (17 U.S.C. § 109) and applicable trademark fair use principles. See our Resale & Trademark Policy for full details.

To buy, sell, or trade on the Platform you must create an account using a valid phone number. We use one-time password (OTP) verification — there are no passwords on Fire Kicks. You are responsible for keeping your phone number and account secure.

• You may maintain only one account per person. Creating multiple accounts to circumvent restrictions or earn additional rewards is prohibited.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at support@shopfirekicks.com if you believe your account has been compromised.
• We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are fraudulent.

Purchases are final. All sales are final once an order is confirmed and payment is processed. Because we deal in limited-availability, authenticated goods from the secondary market, we cannot accept returns or offer refunds except in the following circumstances:

• Authenticity dispute: If you receive an item you believe is not authentic, you must notify us within 72 hours of delivery with photographic evidence. We will investigate. If the item is confirmed inauthentic, you will receive a full refund.
• Significant item mismatch: If the item you receive materially differs from the listing (e.g., wrong size, wrong colorway), you must notify us within 72 hours of delivery. We will work to provide a replacement or refund.
• Item not delivered: If your order shows delivered but you did not receive it, contact us within 5 days. We will open a carrier investigation.

Condition grading. All items are graded by our team using our published condition scale (Dead Stock, Near Mint, Very Good, Good, Fair). Condition descriptions represent our good-faith assessment of a pre-owned item and are not warranties. Minor variations in finish, patina, or material consistent with the stated condition grade are not grounds for return.

Pricing. All prices are in USD. Prices are set by Fire Kicks or by individual sellers and may change without notice. Orders placed before a price change are honored at the price displayed at checkout.

Sales tax. Applicable sales tax is calculated at checkout based on your shipping address. Fire Kicks collects and remits sales tax in all states where we have nexus as required by law.

By listing or submitting an item for sale or trade, you represent and warrant that:

• You are the lawful owner of the item, or are legally authorized to sell it on behalf of the owner.
• The item is 100% authentic — not counterfeit, replica, unauthorized reproduction, or grey-market goods.
• The item is accurately described in terms of condition, size, colorway, and model.
• The item is free of any liens, encumbrances, or ownership disputes.
• The item was lawfully acquired and you have the right to sell it under applicable law, including the First Sale Doctrine.

Authentication & rejection. All items submitted for sale or trade-in are subject to authentication review by our team. We reserve the right to reject any item that fails authentication, does not match its description, or that we cannot verify at our discretion. Rejected items will be returned or, where return is not feasible, held for pickup.

Counterfeit items. Submission of counterfeit, replica, or fraudulent items is a serious violation of these Terms, may constitute criminal conduct under 18 U.S.C. § 2320 and other applicable laws, and will result in immediate account termination, forfeiture of all balances, and referral to law enforcement.

Seller plans & fees. Selling is subject to applicable seller plan limits and commission rates as described in our Seller Plans page. Fees are deducted from sale proceeds before payout. Payout timing and methods are described in your seller account dashboard.

Tax reporting. If your annual sales on our Platform exceed IRS reporting thresholds ($5,000 in gross sales or 200+ transactions for 2024; transitioning to $600 thereafter per IRS regulations), we are required to issue a 1099-K form. You are responsible for reporting all income from sales on Fire Kicks on your federal and applicable state tax returns, regardless of whether you receive a 1099-K.

Fire Kicks offers a blind bidding system for eligible items. All bids are private — other bidders cannot see your bid amount. The highest bid at the close of the bid period wins.

• Submitting a bid is a binding commitment to purchase. If your bid wins, you are obligated to complete the purchase.
• A payment authorization hold is placed on your payment method when a bid is placed. If your bid does not win, the hold is released promptly.
• Bid manipulation, collusion, shill bidding, or any scheme to artificially influence auction outcomes is strictly prohibited and will result in immediate account termination.
• We reserve the right to cancel bids or auctions at our discretion if we detect irregularities.

Fire Kicks offers a tier-based loyalty rewards program. Rewards credits are earned as a percentage of qualifying purchases and can be applied to future orders. Store credit is earned through sell and trade-in transactions.

• Rewards credits, store credit, and gift card balances have no cash value and cannot be redeemed for cash except where required by applicable law.
• Buyer tier thresholds (Member, Gold, Platinum) are based on qualifying purchases within a calendar month and reset monthly.
• We reserve the right to modify, suspend, or terminate the rewards program at any time with reasonable notice.
• Rewards earned through fraudulent, reversed, or cancelled transactions will be forfeited.
• Gift cards are subject to the terms printed on or accompanying the card.

You agree not to:

• List, sell, or submit counterfeit, stolen, or fraudulently obtained items
• Create multiple accounts, impersonate another person, or misrepresent your identity
• Use automated scripts, bots, scrapers, or other non-human means to access or interact with the Platform
• Attempt to circumvent, disable, or interfere with any security, authentication, or access control on the Platform
• Attempt to reverse-engineer, decompile, or extract source code from the Platform
• Engage in coordinated purchasing, price manipulation, or any activity intended to distort market prices on the Platform
• Harass, threaten, or abuse other users, sellers, or Fire Kicks staff
• Use the Platform for any unlawful purpose, including money laundering or tax fraud
• Circumvent marketplace fees by transacting off-platform with parties you connected with on Fire Kicks

Violations of this section may result in immediate account suspension or termination, forfeiture of balances and pending payouts, and civil or criminal referral as appropriate.

The Fire Kicks name, logo, and all original content on the Platform (including but not limited to our authentication guides, product photography, and software) are the property of Fire Kicks, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our proprietary content without our written permission.

Third-party brand names, product names, and trademarks appearing on the Platform are used solely for identification purposes under the nominative fair use doctrine. See our Resale & Trademark Policy for details.

By submitting photos or content to the Platform (e.g., item photos for a sell submission), you grant Fire Kicks a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content in connection with the listing and sale of the submitted item.

Buyer disputes. For claims related to authenticity, item mismatch, or non-delivery, you must contact us within the timeframes described in Section 4 before initiating a chargeback or dispute through your payment provider. Chargebacks initiated without first contacting us and allowing us a reasonable opportunity to resolve the issue may result in account suspension.

Informal resolution. Most disputes can be resolved by contacting support@shopfirekicks.com. We commit to responding to all support inquiries within 3 business days.

Binding arbitration. For disputes that cannot be resolved informally, you agree that all claims arising out of or relating to these Terms or your use of the Platform will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), not in court, except that either party may bring an individual claim in small claims court if the claim qualifies. You waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration.

Governing law. These Terms are governed by the laws of the State of [State], without regard to conflict of law provisions.

THE PLATFORM AND ALL ITEMS SOLD THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRE KICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

ITEMS ON THE PLATFORM ARE PRE-OWNED GOODS FROM THE SECONDARY MARKET. MANUFACTURER WARRANTIES DO NOT APPLY UNLESS EXPLICITLY STATED. FIRE KICKS IS NOT RESPONSIBLE FOR MANUFACTURER DEFECTS IN ITEMS WE SELL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRE KICKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTION MADE THROUGH IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Fire Kicks, LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform in violation of these Terms; (b) any item you list, sell, or submit that is counterfeit, stolen, or misrepresented; (c) your violation of any applicable law; or (d) your infringement of any third party's intellectual property or other rights.

You may close your account at any time by contacting support. Upon closure, your personal data will be handled per our Privacy Policy. Transaction records will be retained as required by law (see Section 5 of our Privacy Policy).

We reserve the right to suspend or permanently terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason we determine to be necessary to protect the Platform, our users, or our business. Upon termination, your right to access the Platform ceases immediately. Any pending payouts due to you as a seller will be processed subject to our fraud review process.

We may update these Terms at any time. When we make material changes, we will update the effective date and provide notice via email or an in-app notification. If you disagree with the revised Terms, your only remedy is to stop using the Platform and close your account.