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“AUCTION” TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE - ATTENTION
THESE ‘AUCTION’ TERMS AND CONDITIONS TOGETHER WITH EBAZR PLC’S WEBSITE TERMS OF USE (THE “CONDITIONS”) APPLY TO YOUR USE OF EBAZR PLC’S ‘AUCTION’ SERVICE AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US, YOU AND OTHER USERS OF THE ‘AUCTION’ SERVICE IN RESPECT OF THE SAME (THE “SERVICE”). PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICE. WHERE THE TERMS OF THESE CONDITIONS AND EBAZR PLC’S WEBSITE TERMS OF USE CONFLICT THESE CONDITIONS SHALL PREVAIL. USING THE SERVICE INDICATES THAT YOU ACCEPT THESE CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US FOR THE SERVICE. IF YOU DO NOT ACCEPT THESE CONDITIONS IN FULL YOU MUST LEAVE THE SERVICE IMMEDIATELY.
A: GENERAL.
B: CONDITIONS RELATING ONLY TO AUCTIONS.
C: CONDITIONS RELATING ONLY TO “PURCHASE NOW SALES”.
D: CONDITIONS RELATING SPECIFICALLY TO SELLERS.
E: CONDITIONS RELATING SPECIFICALLY TO BUYERS.
F: MISCELLANEOUS.
A GENERAL
1 TYPES OF MEMBERSHIP
1.1 Membership of this Service is offered to buyers and sellers. The Website acts as a market place only. It either permits you:-
(a) as a seller, and in consideration of the Fees, to register and offer goods/services for a ‘Purchase Now Sale’ or an Auction at any time and from anywhere in the formats that this Service provides; and/or
(b) as a buyer to register and contact sellers who register and offer goods/services for a ‘Purchase Now Sale’ or an Auction at any time via the Service with a view to entering into an agreement or arrangement with them directly.
2 REGISTRATION AND FEES
2.1 This Service is only open to you if you register. Each registration is for a single user only. The Service is not available to and may not be accessed and used by persons under the age of 18 unless such use is under the supervision of a parent or guardian. If you register as a business entity, you represent and warrant that you have the authority to legally bind that entity to these Conditions.
All sellers must also register with us to use our payments service.
2.2 To register as a seller on this Website and use this Service unless otherwise agreed by us in advance in writing:-
(a) you must be an individual United Kingdom resident or a business that is established in the United Kingdom; and
(b) the goods you are selling must be physically located in the United Kingdom at the time of sale; and
(c) the place from which you are providing services you are selling must be in the United Kingdom.
Please note that if you are selling goods/services in the course of trade, you are required by law to make that fact clear to potential buyers in your listing.
2.3 To register you must provide your real name, address, phone number, e-mail address and valid credit or debit card information. You warrant to us that the information you provide during the registration process (and any notification of change of such information) is true and correct. You are obliged to notify us of any changes to your registration information immediately.
2.4 We reserve the right to reject any registration in our sole discretion. If you provide false or incorrect registration information or do not notify us of changes to your registration information immediately, we reserve the right to terminate your account immediately and without notice to you.
2.5 On registration, you are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this website. If your password is compromised you must change your password.
2.6 We do not permit you to share your user name and password with any other person nor with multiple users on a network or to transfer your registration to any third party. Responsibility for the security of any passwords issued rests with you.
2.7 All users of the Service are liable for all costs in respect of accessing the Service and communicating with other users of the Service. We do not charge buyers for their use of the Service. We charge sellers for offering goods for sale when they list goods via the Service. Our Fees are described and charged to you, as a seller below and in accordance with our Fees and Credits Policy which form a part of these Conditions.
2.8 On notice to a seller, we may alter the amount of or the basis of the calculation of our Fees charged pursuant to these Conditions from time to time. We may cancel any membership and/or subscription at any time. Fees are not transferable from one member to another. Refunds will be given at our discretion and the Fees paid will not be rebated or refunded unless we decide to remove this Service from our Website in its entirety.
2.9 If, as a seller, you are asked for, and provide, details of a credit, debit or charge card you undertake that:- (a) you are fully entitled to use that card; and (b) it has available funds sufficient to cover the charges which are deducted from it.
2.10 This Condition only applies if you are a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000.
You may cancel your order to deposit monies in our account by giving us written notice within 7 working days of placing your order to deposit monies. Within 30 days of your notice we will refund credit card payments by credit card refund. However, this right to cancel does not apply if you have started to use this Service by posting products for auction or sending or creating/opening messages with buyers.
3 USE OF THE MARKET PLACE
3.1 If you, as a seller, offer to sell goods/services to a buyer via the Service you warrant to us that you are legally entitled to do so and that such an offer is lawful and is not otherwise prohibited by these Conditions.
Your listing must only include content relevant to the sale of your goods/services. You warrant that you have the right to use and publish such content and that we have the right to host it on our servers.
3.2 Any seller may list any goods/services for sale via this Service. However, the following must not be listed on this Website by a seller or purchased by a buyer from a seller:-
(a) offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
(b) obscene material including pornographic material;
(c) dead or living animals;
(d) intoxicating liquor and tobacco (except where the advertiser is properly licensed under applicable law) and homemade alcoholic beverages;
(e) firearms and ammunition;
(f) stolen goods/services;
(g) advertisements;
(h) products that infringe another party’s intellectual property rights (including but not limited to copyright, patent, trademark, database rights, design rights or other intellectual property rights (for example, pirated computer games, CDs, videos, DVD’s, mini discs or software));
(i) products you sell which are subject to export restrictions;
(j) illegal or prescription drugs;
(k) products for sale, distribution or offering for sale as prohibited by any applicable laws;
(l) offensive weapons, poisons and dangerous substances as defined by applicable laws; and
(m) any other goods and/or services that we deem, in our sole discretion, to be inappropriate.
3.3 Whilst using this Service:-
(a) a buyer will not fail to pay for goods unless the seller materially changes the description of the goods after the buyer has agreed to purchase them or the buyer cannot authenticate the seller’s identity;
(b) a seller will not fail to deliver goods purchased by a buyer, unless the buyer fails to meet the seller’s listing terms or the seller cannot authenticate the buyer’s identity;
(c) a seller or buyer will not manipulate the price of any product or interfere with other member’s listings;
(d) a seller or buyer will not circumvent or manipulate our fee structure, billing process or fees owed to us;
(e) a seller or buyer will not take any action that may undermine our feedback system;
(f) sellers and buyers will not use this Service in any way which contravenes applicable law.
3.4 You confirm that the e-mail and other contact details you provide can be used by us for the purposes of the provision of the Service.
4 CONTRACT
4.1 On the close of an auction or the completion of a Purchase Now Sale, we will send to the seller and the buyer, an email exchanging their email addresses. Sellers must dispatch products sold within two Business Days of the date of the order confirmation email.
4.2 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the close of an auction or completion of a Purchase Now Sale to complete the transaction in writing and/or in the relevant form (as the case may be).
4.3 Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
(a) the buyer will be required to make full payment to the seller by means of our payment system;
(b) products sold must be dispatched by the seller within two business days of the date of our order confirmation email;
(c) All postage, customs and excise duty, VAT and any other taxes associated with an auction or Purchase Now Sale (if applicable) will be paid by the buyer and it is the seller’s responsibility to determine, collect and remit the applicable VAT, customs and excise duties and any other taxes associated with an auction or Purchase Now Sale. Unless otherwise agreed by us in advance in writing, the price of any products sold must be displayed inclusive of any customs and excise duty, VAT and any other taxes associated with a Purchase Now Sale or an auction, which may be applicable.
Sellers will not charge or seek to charge the buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on this Website;
(d) Buyers are required to pay sellers in the currency in which the auction or Purchase Now Sale is listed;
(e) The sale will be subject to any warranties implied under applicable law; and
(f) The contract between the buyer and seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
4.4 We are not a contractual party to any agreement or arrangement that you and other users of this Service may enter into. We are not responsible for ensuring that sellers and buyers enter into arrangement or agreement through the Service. Any contract is entered into between sellers buyers directly. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of buyers and sellers party to that transaction. We are not obliged to mediate between either party to settle a transaction.
4.5 We do not verify information provided by you or other website users in connection with this Service. We do not own, possess or control the goods that are offered for sale via this Service. Accordingly, we do not control the truth or accuracy of any goods advertised via the Service, the ability of any user of this Website to sell goods or the ability of any user of this Website to make a payment in respect of any arrangement or agreement you enter into with them. You accept sole responsibility for the lawfulness of your use of the Service.
4.6 We may use methods to verify the accuracy of the information and data that you provide to us when you register for the Service and/or list goods for sale. However, the vagaries of the Internet may make the success of verification difficult. We cannot therefore confirm the purported identify of all users of this Service or, guarantee the accuracy, completeness or legality of the goods listed using this Service. Where you are a buyer, do not assume that the offer for sale of goods via the Service by another user is lawful simply because it is listed. You recognise that it is your responsibility to:-
(a) use commonsense and caution when using the Service;
(b) where available, use our feedback system to help you to decide whether you want to enter into a legally binding arrangement and agreement with another user of the Service in respect of the sale of goods; and
(c) undertake such further due diligence you deem necessary to decide whether you want to enter into a legally binding arrangement or agreement with another user of the Service in respect of the sale of goods.
4.7 We operate a feedback system in respect of the use of the Service to maintain the honesty and integrity of the Service further details of which can be found at {sdoc29linktext}. We may limit the number of listings that you may as a seller place via the Service and we may also limit your other activities on this Website based upon the level of feedback that we receive.
4.8 If you are a potential buyer, you are advised to check all products posted for auction using this Service carefully before entering into any arrangement or agreement with a seller. You should always seek independent legal advice before entering into any such arrangement or agreement.
4.9 Without prejudice to our other remedies, we may curtail your activities via this Service or on this Website generally:-
(a) if you breach these Conditions or the documents incorporated by reference;
(b) if, we are unable to verify or authenticate any information you provide to us; or
(c) if we believe your actions may cause us financial loss or liability at law to any third party. Action we may take includes:-
removing, screening or editing, any content that breaches these Conditions or is otherwise objectionable; and
immediately halting any auction of sale or removing any bid; or refusing to allow or removing listings.
5 SERVICE ACCESS
5.1 While we endeavour to ensure that the Service is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5.3 If as a result of any interruption to or unavailability of, the Services or this website (whether for planned maintenance, repairs or otherwise), any auction or Purchase Now Sales becomes unavailable for a period of time then:-
(a) If such period of unavailability is less than or equal to 60 minutes, the auction or sale will not be extended, even if the auction or Purchase Now Sale closes during the period of unavailability;
(b) If such period of unavailability is greater than 60 minutes but less than or equal to 120 minutes, the duration of the auction or Purchase Now Sale will be extended for a period equivalent to double the period of unavailability;
(c) If such period of unavailability is greater than 120 minutes, the duration of the auction or Purchase Now Sale will be extended for a period of 24 hours.
5.4 The extension of an auction or Purchase Now Sale, as the case may be, is the seller’s sole remedy for any interruption to or unavailability of, the Service or this Website.
B CONDITIONS RELATING ONLY TO AUCTIONS
1 TYPES OF AUCTIONS
1.1 Standard Auctions: Standard auctions involve the auction of a single item or a group of products to one high bidder.
1.2 Dutch Auctions: Dutch auctions involve the auction of multiple quantities of a single item.
Bidders must submit both the quantity of products that they wish to buy and the amount they wish to bid for each item. Individual bidders may re-bid but only in a greater quantity or per-item bid amount than their original bid.
The final per-item price in a Dutch Auction is determined by the lowest of the winning bids. The bidder who submits the highest of the winning bids is entitled to the quantity they specify, but at the lower per-item price.
Quantities of the item remaining after the highest of the winning bids is filled are used to fill other winning bids in the descending order of their bid price.
1.3 Private Auctions: In private auctions, bidders are not identified during the auction process. Only the seller and the buyer are notified of the result. As a consequence of this, in a private auction, only the seller and buyer may provide feedback and ratings on each other.
2 LENGTH OF THE AUCTION
2.1 An auction commences at the time the relevant listing is received by us. The duration of the auction may, at the sellers discretion be either two days (48 hours), 10 days (240 hours) or 15 days (310 hours). However, if a bid is cast within 2 minutes of the schedule close of an auction, that auction will be automatically extended for an additional 10 minutes from the time of receipt by us of the latest bid.
The procedure will be repeated for any further bid received within 10 minutes of the scheduled closing time of the auction or any extended closing time. Notwithstanding, anything else in this clause, where a seller has set a “Purchase Now Price”, then the auction will close automatically upon a bidder bidding the amount of the “Purchase Now Price”.
2.2 Minimum Bids and Reserve Prices:
The seller may stipulate a bid start price. Bidding on that auction will begin at the bid start price and bids under that amount will not be accepted. The seller may also place, prior to the commencement of a standard or private (but not dutch) auction, a reserve price, being the minimum price at which that item may be treated as sold.
Once set, a reserve price may not be removed or varied. We will disclose that an item is subject to a reserve price. We will also indicate when bidding has met or exceeded the reserve price. We will not disclose the identity of bidders on that item until the reserve price is met or exceeded.
Unless a seller specifies a reserve price, all auction products are without reserve, meaning that the seller must sell the auctioned item to the highest bidder that meets or exceeds the bid start price.
3 TERMINATING AN AUCTION
3.1 Sellers are obliged to accept any bid that meets or exceeds the bid start price or reserve price (if any) and in such a case a contract for the sale of the item from the seller to the buyer will form on the closing of the auction. The seller may only cancel an auction if:
(a) The item has not received any bids; or
(b) The item has not received bids that meet or exceed the reserve price. In each case, the seller will still be liable to us for our Fees as set out in our Fees and Credit Policy
3.2 Where the seller cancels an auction that has received bids that meet or exceed the reserve price (if any), then the highest bid will stand and the seller will be obliged to sell the item to the highest bidder for that amount. The seller will also be responsible for paying to us our Fees as set out in our Fees and Credit Policy incurred on the auction of that item.
4 BIDDING
4.1 Each bid is a binding offer by the buyer to purchase the auction item at the bid amount. Each bid is binding on the buyer and is revocable only where:
(a) The seller varies the information abut the item, materially altering the impression of the item for which the bid was placed;
(b) The buyer has made an apparent typographical error in the bid amount;
(c) The email address provided by the seller does not work;
(d) The seller’s rating has changed for the worst since the buyer first bid on the item.
4.2 Buyers who withdraw a bid on any item, for whatever reason, may not place any further bids on that item. If any bids are withdrawn, those bids will be null and void. Where a bid that is withdrawn was the highest bid at the time of withdrawal, the next highest bid will become the highest bid.
Any withdrawal of a bid on the grounds that the bid amount was an apparent typographical error must be made immediately following the placing of the relevant bid.
4.3 Where two bids of equal value are made on an item, then:
(a) In the case of standard and private auctions, the bid that is received first in time by the website will prevail; and
(b) In the case of dutch auctions, the bid for the greatest quantity of products will prevail.
5 AGREEMENT FOR SALE ON THE CLOSE OF AN AUCTION
At the close of an auction (or termination by the seller, as the case may be) the seller agrees to sell the item to the highest bidder (provide that the highest bid has met or exceeded the reserve price, if any) and the highest bidder agrees to purchase the item from the seller for the amount of their bid.
C CONDITIONS RELATING ONLY TO ‘PURCHASE NOW SALES’
1 Via this Service, products are offered by sellers for sale at a fixed price (“Purchase Now Sales”). The seller is obliged to sell the products at the listed price to buyers who meet the seller’s terms. Unless otherwise agreed in writing by us with the seller in advance, the price of any products sold (including the applicable delivery charge) are displayed inclusive of any customs and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on this Website.
2 A buyer may purchase an item in a Purchase Now Sale by clicking on the ‘buy’ button on the relevant item’s page, provided that the item is still showing as having a quantity of stock remaining.
3 The seller’s listing of an item for Purchase Now Sales constitutes an offer to each buyer to purchase the item at that price and the act of clicking on the “buy” button by the buyer constitutes acceptance of that offer. This acceptance will become effective on receipt by this Website of such act.
A seller may retract an item listed for a Purchase Now Sale at any time but is bound by any offers accepted prior to the retraction.
4 For products listed for sale via this Service, sellers may only charge buyers a fixed delivery charge and such a charge will be priced in accordance with our delivery charge schedule in effect from time to time.
D CONDITIONS RELATING SPECIFICALLY TO SELLERS
1 SELLER’S OBLIGATIONS WITH RESPECT TO LISTING PRODUCTS
1.1 Sellers Warranties: By listing an item in a Purchase Now Sale or by auction:
(a) A seller represents to buyers that:
they are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and
their listing is accurate, current and complete and is not misleading or otherwise deceptive;
(b) Unless we have agreed with you in advance and in writing to the contrary, you represent and warrant to us that:
You are the individual that is resident or a business that is established in the United Kingdom;
The products you are selling are physically located in the United Kingdom at the time of sale;
The place of supply of any services you are selling are in the United Kingdom.
(c) In any event, you represent and warrant to us that:
The item is not one that would fall within any of the prohibited products described in Condition A3.1 above; and
The item is safe and, where required by applicable law, bears a ‘CE’ mark.
(d) Subject to any pricing guidelines set forth from time to time, sellers will determine the price for each of their products offered for sale on this Website.
2 COMPLIANCE WITH APPLICABLE LAW
2.1 Sellers further warrant that the sale or distribution of any item is not in breach of applicable law (including, where products are sold internationally, the law of the destination country). This responsibility includes, but is not limitd to, ensuring that:
(a) Any products sold are safe;
(b) Any products sold bear a ‘CE’ mark where required by applicable law;
(c) Any products sold are appropriately packaged and labelled as required by applicable law;
(d) You advise us of any age or other restrictions that apply to the sale of any products that you sell. We make no representations that products not appearing on the prohibited products list in Condition A.3.2 above may be sold or distributed or offered for sale under applicable law.
3 SELLER’S FEES
3.1 By listing an item on this Website for Purchase Now Sale or auction, you agree to pay the Fees set out in our Fees Policy which are incorporated into these Conditions by reference plus VAT as applicable.
3.2 Our Fees are listed in Great British Pounds Sterling unless stated otherwise. The Fee policy may vary in the future. Our Fees are in effect on the date of listing the relevant item for Purchase Now Sale or auction will govern the transaction. You should check our Fees and terms each time you participate in an auction or Purchase Now Sale. By listing an item for Purchase Now Sale or auction on this Website, you authorise us to charge your credit/debit card or, where applicable, to withdraw any funds in your Payments Account, for all and any amounts due.
3.3 VAT on seller’s fees. The seller’s fees are subject to VAT where applicable and will be paid by the seller at the time of payment of the corresponding fees.
3.4 If you are a business that is established in a European Union country and if you provide us with your valid VAT registration number that was issued to you by the European Union country in which your business is established, VAT will not be charged by us on your seller fees provided you are not established in Luxembourg authorities. In order to qualify for this exclusion, you must provide us with a valid VAT registration number from your tax authority, and you must agree to and acknowledge the conditions set out below:
(a) You warrant and represent that the VAT registration number you submit to us belongs to the business you operate, and that business is established in one of the European Union countries;
(b) You warrant and represent that all transactions on your Seller Account will be business-related transactions made by the business associated with the VAT registration number you submit to us;
(c) You warrant and represent that the VAT registration number and all other information provided by you is true, accurate and current and you will immediately update any such information held by us in case of any changes;
(d) We reserve the right to require additional information and to confirm the validity of your Account information (including your VAT registration number) from you or government authorities and agencies as permitted by law and you irrevocably authorise us to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to us upon request.
(e) We reserve the right to charge you any applicable unbilled VAT if you provide a VAT registration number that is determined to be invalid. You irrevocably authorise us to debit your credit card for any unbilled VAT.
3.5 If you are a business that is established in a European Union country and you provide us with your valid VAT registration number that was issued to you by a European Union country, you agree to accept electronic VAT invoices in a format and method of delivery as determined by us.
4 PROHIBITED ACTS
4.1 Sellers must sell all products on their own account and must not represent that they are selling on behalf of any third party.
4.2 Sellers must not bid on their own products nor have others bid on their own products on their behalf.
4.3 Sellers must not use the Services or this Website in contravention of any applicable law nor permit or assist others to do so.
5 OUR RIGHT OF RECOVERY
We retain the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer or we otherwise compensate the buyer or we receive a charge back from the buyer’s credit/debit card issuer for the amount of the buyer’s purchase from the seller.
6 OUR PAYMENT SERVICE
6.1 In order to sell products via our Service, sellers must register with us to use Our Payment Service (the “Payment Service”)
6.2 The Payment Service facilitates the purchase of products listed on this Website for Purchase Now Sale or auction. A buyer’s authorised credit or debit card payment (“Payment Transaction”) is deposited to a registered seller’s Account Summary, and funds are periodically transferred to the seller’s designated bank account (“Seller’s Account”).
A buyer may authorise a Payment Transaction with any major credit or debit card accepted by us. The Payment Service helps facilitate transactions as we are not the purchaser of the seller’s goods. The Seller will resolve any dispute directly with the buyer and not through the Payment Service. Sellers must register online with us to use the Payment Service. You must provide us with true and accurate information when registering and must maintain and update that information as applicable. Sellers must not impersonate any person or use a name they are not legally authorised to use.
Each seller authorises us to use any information provided to them in registering for the Payment Service to verify his or her information (including any updated information), to obtain credit reports about the seller from time to time while the seller is registered with the Payment Service (including credit reports about the seller’s spouse) and to obtain an initial credit authorisation from the seller’s credit card issuer at the time of registration.
6.3 The Payment Service is available only to individuals and others who meet the terms of eligibility for our Service, who have been issued with any major credit/debit card accepted by us and whose applications are acceptable to us. Payment Transactions can only be deposited into bank accounts in the United Kingdom.
Sellers waive any rights with respect to the Service when dispatching to an address other than that provided by the Service.
6.4 The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate Payment Transaction deposits into a Seller’s Account only on a Business Day when the automated clearing houses are open for business. For the purposes of these Conditions, a ‘Business Day’ is a Monday through to Friday, excluding UK bank holidays. [We will send a receipt to the seller via email for each completed transaction.]
In addition, the seller can access their Payment Service transaction information online on the ‘My Account’ page of the Seller section of the Auctions Service when logging on with the seller’s password.
6.5 All balances for a given 14 day period will be reflected in the Seller’s Account located on the ‘My Account’ page of the Seller Account section of Service Auctions, when logging on with seller’s password. We will initiate a transfer to the Seller’s Account on a rolling 14 day cycle (“Payment Date”) based on the original date of the seller’s registration with the Payment Service or on the next Business Day if the scheduled Payment Date falls on a non-Business Day.
If the seller requests a change to the scheduled Payment Date, the 14 day cycle will be reset to the requested Payment Date. When the seller completes registration by providing bank account information, the seller must wait 14 days to request a transfer to the sellers bank within the 14 day cycle. After 14 days, the seller may request transfers to the Seller’s Account at any time within the 14 day cycle by clicking the Transfer funds to bank account now link on the Seller’s ‘My Account page’. We will initiate a transfer to the Seller’s Account on each Payment Date for the total amount of the Payment Transactions received from buyers authorised credit or debit card transactions for the seller, less any refunds, or for funds otherwise received for the seller since the last Payment Date. The amount of the fees for Payment Transactions will be posted to the Seller’s Account Summary and will be deducted from the balance of credits in the Seller’s Account Summary to be remitted to the seller on the next Payment Date or, if such balance is not sufficient to pay the outstanding fees and subscriptions, you as a seller authorise us to charge the credit/debit card registered against the Payment Service.
6.6 Sellers must provide a full refund directly to any buyer who remits payment, if the item cannot be shipped at the close of the sale. Sellers must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. Sellers can use the Refund to link on the Payment Transaction receipt to send a refund to buyers through the Payment Service.
6.7 As a security measure, we may, but are not required to, impose transaction limits on some or all buyers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to any seller:
(a) If we do not proceed with a transaction or disbursement that would exceed any limited established by us for a security reason, or
(b) If we permit a buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
6.8 If we reasonably conclude, based on information available to us, that a seller’s actions and/or performance in connection with the Services may result in a significant number of buyer disputes, chargebacks or other claims, we reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller’s Account (or sending paper cheques) for the shorter of either 30 days following the initial date of suspension or completion of an investigation regarding buyer disputes, chargebacks or other claims.
6.9 We reserve the right to delay initiating the Payment Transaction transfer to a seller’s bank account (or sending paper cheques) pending an investigation if we, in our sole discretion, believe the buyer or the seller may have breached these Conditions. Notwithstanding any other provision of these Conditions, if we determine, in our sole discretion, that the seller has breached these Conditions, we may refuse to transfer any Payment Transactions to the seller and may instead maintain such amount in a trust account or may return such amount to the buyer. We will not be liable to the seller if we act in accordance with the provisions of this Section.
6.10 We may refuse to provide the Services to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our payment of the Payment Transaction to the seller from our bank account. We reserve the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse a buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from the buyer’s credit card issuer for the amount of the buyer’s purchase from the seller. We may obtain such reimbursement by deducting from future payments owed to the seller, reversing any transfer to the seller’s bank account, charging the seller’s credit card, or seeking such reimbursement from the seller by any other lawful lmeans.
6.11 The seller may terminate its participation in the Payment Service at any time by giving notice to us, and we may terminate the seller’s participation in the Payment Service at any at any time by giving notice to the seller. Upon termination, the seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transaction will be cancelled.
E CONDITIONS RELATING SPECIFICALLY TO BUYERS
1 BUYER’S FEES
Although we do not currently charge bidders or buyers any fees to use the Services and this Website, we reserve our right to do so in the future.
2 PROHIBITED ACTS
2.1 Buyers must not:
(a) Whether by themselves or in conjunction with other buyers, manipulate transactions in ways that are unfair to other users. This includes, but is not limited to, placing “shill” bids on auction products in concert with other buyers and using “bid-bots”; and
(b) Use the Services or this Website in the contravention of any applicable law nor permit or assist others to do so.
3 INSPECTION OF PRODUCTS
Buyers must inspect any products purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item’s listing and to ensure that the product is safe
F MISCELLANEOUS
1 DATABASE RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Database rights (under the Copyright and Rights in Databases Regulations 1997) and all other applicable copyright and intellectual property rights in respect of the data and other content pertaining to and provided by sellers and buyers who use this Service belongs to us including, but not limited to, any database in which we gather, collate, verify and up-date such data and content. You acknowledge that you do not acquire any rights in such database or any other medium in which such data and content is stored. To the extent we permit you to access and use it this is on a non-exclusive and terminable licence.
2 VISITOR MATERIAL AND CONDUCT
2.1 Other than personally identifiable information, which is covered under the {sdoc15LinkText}, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. To enable us to host and use the content you provide via the Service you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence (with the right to sub-licence) to use your content and all underlying intellectual property (including, but not limited to copyright and database right). You also waive all moral rights you have in such content to the fullest extent permitted by law.
2.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3 LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
4 PRIVACY
4.1 We will use the information that you provide us with to provide the Service in accordance with our {sdoc15LinkText}. In addition:-
(a) we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Conditions.
(b) to facilitate interaction the Service allows you as an advertiser or a buyer of goods/services to access and use the contact details of other users of the Service.
4.2 In respect of personal data that you obtain in relation to other users of the Service you acknowledge your obligation to use their personal data in compliance with applicable law (including, but not limited to the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003). By way of guidance only, we refer you to the literature available at the website of the Information Commissioner who is charged with policing this legislation at www.ico.gov.uk.
5 LIABILITY
5.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. The pages and information may contain technical inaccuracies and typographical errors. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
5.2 We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
5.3 The material at this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this Website and your use of the Service.
5.4 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use of the Service in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
5.5 Nothing in this legal notice shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
5.6 As the Service is the provision of a market place for you and other users of the Service if you have any claim against another user of the Service you agree to pursue such claim independently of us and without our contribution and you release us from all liabilities, costs, expenses, damages and losses/including any direct, indirect or consequently losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by you arising out of or in connection with your use of the Service.
5.7 Subject to Condition F 5.5, our liability to you or any third party for use of the Service in any circumstance is limited to the sum of GBP £250.
6 THIRD PARTY RIGHTS
A person who is not a party to these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
7 KEEPING OUR AGREEMENT
We do not necessarily file individual agreements entered into between us and members when they register for this Service. Please make a copy of these conditions by printing or downloading them on your own computer.
8 GOVERNING LAW AND JURISDICTION
8.1 These Conditions and your use of the Website shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
8.2 If you have any dispute with any other user of this Service we encourage you to seek such redress as English law will offer you.
8.3 Although, the scope and length of these Conditions may appear extensive they are intended to ensure that you, we and our business partners all understand the terms on which the Service is offered. This provides us all with uniformity, certainty and clarity. It also ensures that we are complying with the legislation which applies to us as an English incorporated company operating this Website from the UK. We may revise these Conditions at any time by updating this posting. You should check this Website from time to time to review the then current Conditions, because they are legally binding on you. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms and conditions located on particular pages at this Website.
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