Terms and Conditions
Self Builders Limited (www.self.co.uk) is a company registered in England and Wales with the company number 09273142 trading as Self Trading and www.selftrading.co.uk with the registered office address of; Unit 2 446 Commercial Road, Aviation Business Park, Christchurch, Dorset BH23 6NW
PURCHASING FROM SELF TRADING
In this list the following definitions apply:
Self Trading and any of its successors and assigns.
The person, firm or company to whom a quotation is given, or on behalf of whom an order is placed.
The contract for the sale and purchase of the Goods and/or the supply and receipt of the services made between the Seller and the Buyer, consisting of the order and these conditions.
The articles described overleaf and any supplied as substitutes or replacements of these. This includes work undertaken in connection with these articles.
Unless stated otherwise in writing by a director of Self Trading, these conditions (which replace any earlier sets of conditions, appearing on quotations or elsewhere) will override any terms or conditions of the Buyer. This applies both to the order and to any negotiations. No verbal interchange - including those where quotations are given - is binding to the Seller.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order the Buyer submits, and for giving in good time any necessary information relating to the Goods, so that the Seller can fulfil the contract in accordance with its terms.
All Goods are purchased "SOLD AS SEEN".
No Claims for Discrepancies from the final figure will be accepted whatsoever.
Buyer understands that Self Trading will not accept any liability for any consequential loss, damage or injury sustained due to the selling or onward trading of these goods. Due diligence is carried out to the best of the Sellers ability in regards to copyrights/resale/counterfeit and pirated goods. Seller advises buyer to exercise their own due diligence when purchasing.
All specifications, descriptions, drawings and illustrations accompanying quotations or contained in the Seller's price lists, listings or advertisements are approximate only and will form no part of the contract unless this is stated in writing by the Seller. Such specifications, descriptions, drawings and illustrations are subject to changes which are sometimes made by the manufacturers of the Goods.
Shipping & Returns
We will deliver your order as quickly as possible. We use FedEx, Wyvern Cargo, Royal Mail, Pacel2go and Parcel Force among others. If we receive your order and cleared payment before 2pm we will endeavor to dispatch your order the same day. Parcels should be received within 3-7 working days. This only applies Monday to Friday; excluding bank holidays, and deliveries within Mainland UK.
If your product is damaged or faulty on arrival, you MUST notify Self Trading within 24hrs on 01202 490404. A claim will then be processed with the courier company. The item MUST be returned to Self Trading for inspection within 7 days. On settlement of a claim by the courier, you will then be offered a replacement item, subject to availability or a refund for the item cost only.
If Goods are found to be faulty or damage on delivery we must be notified within 24 hours of delivery, then please arrange to send back to Self Trading at 10a Silver Business Park, Airfield Way., Christchurch, Dorset, BH23 3TA. The buyer will be responsible for any carriage costs incurred in returning the item. Goods must be returned to Self Trading in an "as new" re saleable condition. Buyer will have to pay the return postage and any re-stocking charge up to a maximum of 20% of the total cost of the products. We will endeavour to keep a re-stocking charge to a minimum, but will be governed mainly by size and cost.
Notification of cancellation of order must be received in writing.
If order is cancelled after item has been dispatched buyer is responsible for postage/transportation costs incurred along with a 25% re-stocking charge.
The Seller will replace, or issue a refund - which may be a fair proportion of the price paid - for, any Goods it judges to be defective, provided the Buyer has given notice within 24 hours of delivery and then supplies written notice of the defects to the Seller within seven working days after the day of delivery.
Except in cases of death or personal injury caused by the Seller's negligence, the Seller will not be liable to the Buyer or any third party for any direct or indirect loss arising out of or in connection with the supply of the Goods or their use (including any economic loss, loss of profits, reputation, goodwill, use of interest services of employees or agents and anticipated savings or expenses).
Due to the variation of products,parcels, lots of goods/items purchased by Self Trading there may well be a possibilty of unregistered,counterfiet,pirated goods with the lots.
When purchasing Self Trading exercise due dilegence to the best of their ability by requesting samples of the products and researching prior to commiting to any purchase.
Self Trading advise all buyers to exercise their due diligence when purchasing from Self Trading on goods that they are looking to purchase.
No condition or warranty is made or is to be implied as to the life, description or wear of the Goods supplied, or as to their being suitable for any particular purpose or for use under any specific conditions (notwithstanding that such purpose or condition be known by or be made known to the Seller).
The Buyer agrees not to hold the Seller, its affiliate, offices, directors, employees, legal advisors or agents liable for any loss or damage of any sort arising out of the contract.
Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1975) the statutory rights of the Buyer are not affected by these conditions.
Self Trading guarantee that all products bought are brand new, however, due to the nature of the business, there may be occasions where batteries will need to be replaced.
The Buyer shall:
5.1 request samples/arrange viewing of product if in doubt of product description, style or suitability.
5.2 Notify the Seller verbally or in writing within 24 hours of delivery and recorded mail no later than seven working days after the day of the delivery of any error in quantity of Goods, and of any case of Goods being mixed with others not included in the contract.
5.3 Upon receipt of goods Self Trading couriers stipulate that recipient must report damages/faults within 24 hours of delivery/receipt of goods
5.4 Upon departure of the Goods from the sellers premises, the Buyer is deemed to have accepted the Goods in full with no further liability on the part of the seller.
5.5 Self Trading will not accept liabilty for the goods during transport once they have left our distribution depot. Buyer is recommended to seek suitable insurance via liason with Haulage/Courier Company appointed to deliver goods.
6 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the Buyer and the Seller, and it supersedes any previous agreements, whether oral or in writing, between the Buyer and the Seller.
In these conditions the following expressions shall have the following meanings:
Self Trading Company and any of its successors and assigns;
The standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Company and the Seller;
The contract for the sale and purchase of the Goods and the supply and receipt of the Services made between the Company and the Seller, consisting of the Purchase Order, the Conditions and any other documents (or parts thereof) specified in the Order;
The receipt of the Goods by the Company or the performance of the Services by the Seller at the place specified in the Order;
The address stated on the Order:
All items which make up the Order (including any packaging and instalment of these);
The items applied for by the Company on its official order form;
The cost of the Goods and/or the charge for the Services;
The person, firm or company to whom the Order is addressed;
The services (if any) described in the Order;
Includes any labels, designs, drawings or other information relating to the Goods or Services (including the information as set out in Clauses 3.2 and 3.2.1 and/or as detailed on any purchase sample).
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to the statute or provision as amended, re-enacted or extended at the relevant time.
2 TERMS OF ORDER
The Company will only be bound by the Purchase Order if:
2.1 The purchase order is confirmed in writing by the Company and duly signed by a Company Director;
2.2 The Seller accepts it unconditionally. Failing this, the Order will be deemed to be withdrawn and the Company will be under no obligation to pay for the Goods and/or services. If the Seller's acceptance is qualified, either on its face or by any accompanying document by reference to any term or condition other than the terms or conditions of the Order, it will be treated as a counter-offer which the Company shall be at liberty to accept on receipt as it may think fit.
2.3 Neither the Company nor the Seller shall be bound by any waiver of, or any variation or addition to, these Conditions except as agreed in writing by an authorised representative of the Seller and a director of the Company.
2.4 Self Trading Company require visuals and/or samples of any items on which you require us to make an offer. Unless the samples are valued at over £250 per individual item then it is company policy that samples are not returned. The company will not pay for any samples unless otherwise agreed prior to sending samples.
2.5 Self Trading reserves the right to withdraw from offer to purchase at any time until such time as goods are collected/delivered and inspected and the transaction completed.
The quantity, quality and description of the Goods and the Services, shall, subject as provided in these Conditions, be as specified in the Order and/or in any applicable Product Description supplied by the Company to the Seller or agreed in writing by the Company.
The Seller shall comply with all applicable regulations and legal requirements concerning the manufacture, packaging, packing and transportation of the Goods and the performance of the Services.
The Seller accepts full responsibility for ensuring that all fibre content labels and other relevant labels are correct and that where applicable all fire warning labels and other relevant labels are attached and are in accordance with all relevant regulations.
The Goods shall be marked and labelled in accordance with any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination undamaged in the ordinary course.
Before despatching the Goods the Seller shall carefully inspect and test them to ensure that they conform with the Product Description.
The Seller shall not unreasonably refuse any request by the Company to inspect and test the Goods during manufacture, processing or storage at the premises of the Seller or any third party prior to despatch; the Seller shall provide the Company with all facilities reasonably required for inspection and testing.
If as a result of the testing or inspection mentioned in this Clause the Company finds that the Goods do not comply with the Contract or are unlikely to do so on completion of manufacture or processing, he shall inform the Seller accordingly and the Seller shall immediately take such steps as may be necessary to replace or rectify the Goods to the reasonable satisfaction of the Company at no extra cost to the Company. Failure on the part of the Seller to do so shall result in the order being withdrawn with no obligations or liabilities assigned to the Company.
4 PRICE OF THE GOODS AND SERVICES
The price of the Goods and the Services shall be as stated in the Order and, unless otherwise stated, shall be inclusive of all charges for packaging, packing, carriage, insurance and delivery of the Goods to the Delivery Address, and of any duties, imports or levies.
No increase in the Price may be made (whether on account of increased materials, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of the Company in writing.
The Company shall be entitled to any discount for prompt payment.
The Seller shall be entitled to invoice the Company on, or at any time after, delivery of the Goods or performance of the Services.
Unless otherwise expressly agreed in writing by the Company, payment of the Price will be made in full within sixty days of the date of invoice against the following documents:
5.1 One copy of the Seller's invoice; and
5.2 In the case of Goods (whether they are to be made up or not by the Company) intended for export (and so identified in the Order) all requisite documents and certificates required by any statutory authority (as specified in the Order);
5.3 In the case of Goods being imported into the United Kingdom , the requisite import licence.
No payment of or on account of the Price shall constitute any admission by the Company as to the performance by the Seller of its obligations under the Contract.
5.4 Deposit payments are required to secure goods purchased if full payment cannot be made. Desposits are non refundable should you, the buyer fail to complete the transaction.
The Company shall be entitled to deduct from or set off against the Price any sum or sums owed to the Company by the Seller.
6.1 DELIVERY POINT
All Goods shall be supplied carriage paid (unless otherwise agreed), and in the manner specified in the Order, to the Delivery Address. Any Services shall be performed at the Delivery Address.
6.2 DELIVERY TIME
The time for delivery of the Goods and/or of performance of the Services shall be that specified in the Order unless otherwise agreed in writing by the Company or, if no such time is specified or agreed, within such reasonable time from the date of receipt of the Order by the Seller as the Company may subsequently specify.
If the Goods are to be delivered, or the Services are to be performed, in instalments, the Contract counts as a single contract, not several.
A packing note quoting the number of the Order must accompany each delivery or consignment of the Goods and must be displayed prominently.
The Seller shall supply the Company in good time with any instructions or other information required to enable the Company to accept delivery of the Goods and performance of the Services.
The Company shall in accordance with Clause 9 below be entitled to reject any Goods delivered which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until the Company has had a reasonable time to inspect them following delivery/collection or, if later, within a reasonable time after any latent defect in the Goods has become apparent.
6.3 FORCE MAJEURE
The Company shall not be liable for any failure to perform its obligations in relation to the Goods or Services which is due wholly or partially to any industrial action at the premises of the Company, to a restriction imposed by Government or other competent authority, or to any circumstance beyond the control of the Company.
If the Seller is unable to effect Delivery on time because of industrial action at its premises, a restriction imposed by Government or other competent authority, or some circumstance beyond the control of the Seller, the Seller shall notify the Company in writing of that fact and the time for Delivery shall be extended for the duration of such intervening force majeure PROVIDED THAT if the delay shall exceed four weeks the Company shall have the right to cancel the Contract and shall not be liable to the Seller for any payment in respect thereof (or in respect of the unfulfilled part thereof if the Seller shall have delivered some of the Goods or performed part of the Services comprising the Order prior to cancellation).
7 RISK AND PROPERTY
The property in and risk of damage to or loss of the Goods shall pass to the Company upon Delivery in accordance with the Contract. This clause shall be subject to any rights of rejection, which the Company may have under the Contract.
8 WARRANTIES AND LIABILITY
The Seller guarantees the Company that the Goods:
8.1 Will be of merchantable quality and fit for any purpose held out by the Seller or made known to the Seller in writing at the time the Order is placed;
8.2 Unless otherwise agreed will be free from defects in design, material and workmanship. Self Trading the Company must be supplied prior to purchase with notice if any whole or part of the Goods purchased have been damaged or affected in any way by fire, smoke or water or in any other way that renders the Goods in less than 'new' condition;
8.3 Will correspond with any relevant Product Description (supplied written or orally) or sample supplied, should any whole or part of the Goods be sub-standard then the samples supplied should include examples of the sub-standard Goods and be a fair reflection of the least desirable Goods offered; and
8.4 Will comply with all statutory requirements and regulations relating to the sale of the Goods;
8.5 Will (except where the Order states that they are to be designed or manufactured in accordance with a different specification) be designed and manufactured in accordance with British Standards and any applicable codes of practice.
8.6 Will if required to be de-branded, de-tagged or de-tabbed of any kind notify the Company at the time of the offering the Goods and prior to sale and completion with no exceptions, Goods must be properly de-tagged or de-tabbed without causing damage of any kind prior to sale by the Seller, agent or appointed representative to the Company and that the Company are notified of such a condition prior to sale and completion and will continue to bear all necessary information as set out in the Product Description, unless otherwise agreed in writing by the Company;
8.7 Can be freely sold in the United Kingdom and Ireland with no restrictions of sale of any kind including but not limited to Company sale price or offering for sale on eBay, Facebook, Amazon, Internet websites or any other advertising platform unless agreed to in writing and signed by a Company Director prior to purchase and completion.
8.8 That any inventory or stock list supplied by the Seller, agents of or appointed representative to the Company is true and accurate with no more than a 3% discrepency below the quantities indicated by the Seller, agent or representative.
8.9 Self Trading are buyers and sellers of surplus/bankrupt/clearance stock. Stock is purchased by Self Trading without any warranties. All stock is therefore sold by Self Trading with no warranties unless otherwise stipulated in writing by Self Trading.
The seller guarantees the company that the Services will be performed by appropriately qualified and trained personnel, with due care and diligence and to such high standard of quality as the Company can reasonably expect.
All Goods and Services shall be subject to inspection and approval by the Company within a reasonable period after Delivery which shall be no longer than 28 days, and the Company may reject the Goods and/or Services if the Seller has failed to comply with its obligations under the Contract.
The Company will notify the Seller in writing of any such rejection, specifying the reasons. Thereafter the Goods shall be held at the Seller's risk and may be returned at the Seller's expense or collected at the Seller's expence. Upon rejection of the Goods or Services the Company shall be entitled:
9.1 To request of the Seller replacement Goods or Services in accordance with the Contract within 7 days; or
9.2 Regardless of whether it has previously requested of the Seller replacement Goods or Services, to treat the Contract as discharged and to request the repayment of any part, or all, of the Price which has been paid and any reasonable associated costs incurred by the Company including but not limited to collection costs and storage costs..
9.3 To waive its right of rejection and instead elect to put the Goods or Services into a state whereby they satisfy Clause 8 above. In such a case, the Seller shall be debited the cost of any necessary work and shall pay this to the Company on demand.
The Company shall be entitled to cancel the Order in respect of all or part only of the Goods and/or Services by giving notice to the Seller at any time prior to Delivery. In the event of this, the Company shall have no liability either in relation to losses or damage of any sort incurred as a result of any termination or cancellation on the part of the Company.
The Company may, without prejudicing its other rights and without liability to the Seller, terminate the Contract by giving notice to the Seller or any person in whom the Contract may have become vested if:
10.1 The Seller becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of reconstruction or amalgamation), or makes an arrangement with its creditors; or
10.2 An encumbrancer takes possession of, or a receiver or an administrative receiver is appointed over any of the property or assets of the Seller;
10.3 The Seller ceases, or threatens to cease, business; or
10.4 The Company has reason to think that one or more of the above events will occur and notifies the seller accordingly.
The Seller shall indemnify the Company in respect of:
11.1 Any loss, damage or expense suffered by the Company in consequence of negligence or breach of statutory or other duty on the part of the Seller, its sub-contractors and agents or any servant of these, in any way arising out of or connected with any breach of any warranty given by the seller in relation to the Goods or Services notwithstanding the same may have been inspected and/or accepted by the Company; and
11.2 All claims made against the Company by any third party (including any employee - or the personal representatives or dependants of any employee - of the Company) for any such negligence, breach of duty, defect or incorrectness arising out of the Contract; and
11.3 All claims made against the Company by any employee or agent of the Seller (or by any employee or agent of any subcontractor or agent) for, or in respect of, the death of - or any damage, loss or personal injury incurred or suffered by - such employee or agent for any such negligence, breach of duty, defect or incorrectness arising out of the Contract; and
11.4 Any liability under the Consumer Protection Act 1987 in respect of the Goods; and
11.5 Any action, claim, demand, costs, charges and expenses resulting from or incurred by reason of any infringement or alleged infringement of letters, patent, registered design, unregistered design, trade mark or copyright by the use or sale of any article or material supplied by the Seller to the Company and against all costs and damages which the Company may incur in any action for such infringement (including any liability resulting from a breach of Clause 8 by the Seller) or for which the Company may become liable in any such action.
11.6 Any act or omission of the Seller or its employees, agents or sub-contractors in supplying or delivering the Goods;
11.7 Any act or omission of the Seller's personnel in connection with the performance of Services; and
11.8 All legal and other costs incurred by the Company in connection with the aforesaid loss, damage or claim.
No part or detail of these Terms and Conditions may be assigned or otherwise disposed of by the Seller without the written consent of the Company. Any such consent shall not relieve the Seller of any other of its obligations under the Contract.
No waiver by the Company of any breach of the Terms and Condition by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these and the remainder of the provision in question shall not be affected thereby.
Any notice given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been stated pursuant to this provision to the party giving notice.
No service of any notice(s) by e-mail will be accepted by the Company.
The construction, validity and performance of the Contract shall be governed by the Laws of England.
These present Conditions will take precedence over any other conditions or terms appearing on any letter or other document issued by the Seller, unless otherwise expressly agreed by the Company.
13 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the Seller and the Company, and it supersedes any previous agreements, whether oral or in writing, between the Seller and the company.
Self Trading (the Company) provides access to its services (services) to individuals, sole proprietors, partnerships, businesses and corporations (user, seller, buyer or you) subject to the following terms and conditions (User Agreement). Our service includes, but is not limited to, www.selftrading.co.uk, online services, account management services and customer support (site and services).
These terms and conditions are applicable to any users use of our services available under the domain and sub-domains at http://www.selftrading.co.uk (the “Site”). If you do not agree to adhere to these terms and conditions then you must not use or access our services via the Site.
You must read, agree with and accept all of these terms and conditions, including those expressly set out below and those incorporated by reference, before you may become a user of the Site. Use of or access to the site and/or services shall constitute acceptance of this User Agreement.
The Company reserves the right to amend these Terms and Conditions by posting the amended Terms and Conditions on the Site. Any amended Terms and Conditions will govern any new user registrations with immediate effect. Existing Users will be bound by the amended Terms and Conditions after the expiry of 7 days from the posting of the amended Terms and Conditions on the site.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site and/or services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or merchandise.
Self Trading reserves the right to place offered product on website as advertising material for the offered product once product has been offered to Self Trading. If any company has any reservations to this, then a letter must be received with samples stating reservations.
1 REGISTRATION/MEMBERSHIP REQUIREMENTS
2 COMPANY VENUE ONLY
Self Trading and associated sites are merely a venue for registered users to exchange information, offer, sell, source or buy a wide variety of goods. It is expressly understood and agreed that the Company is not a traditional auctioneer, agent or broker in respect of the listing of any goods via the site and/or service or any subsequent or resulting transaction or sale. The Company has no responsibility for reviewing listings provided by users but should a seller wish the Company to review a listing with a view to the Company making an independent bid this can be accommodated. The Company does not store or hold the goods offered by users on the site. The Company therefore has no control over the quality, safety, or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Inclusion of an item on the site does not guarantee the offer, sale, purchase, export, import, validity or legality. You accept sole responsibility for the legality of your actions under laws applying to you.
3 LISTING & SELLING
The Company does not charge any fees for listing items for sale. You must ensure that you are legally able to sell each item and that it is lawful to sell such item to UK residents or (if the buyer is an overseas resident) that it is lawful to sell and export such items to a person resident in the buyer's jurisdiction. Sellers are solely responsible for accuracy, completeness and validity of all information posted. The Seller agrees and understands that the company, at its sole discretion, may take any action it deems necessary to review edit or remove any listing information.
Self Trading reserves the right to place offered product on website as advertising material for the offered product once an offer for products has been received. If any company has any reservations to this, then a letter must be received with samples stating reservations.
Any actual or suspected instances of fraud via the sites will result in suspension or termination of your account. The Company reserves the right to report all instances to relevant authorities.
You must not manipulate or interfere with other user's listing(s). Without limitation, you must not: (a) use a false User ID to either list goods or post any notice regarding wanted items; or (b) post details of or list goods which are not owned and in your possession. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this site and services, use of the site and Services or access to the site and services.
You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site and services, and remove and discard any content within the site and services, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. The Company may also in its sole discretion and at any time discontinue providing the service or any part thereof, with or without notice. You agree that any termination of your access to the site and services under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site and Services. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the site and/or Services. The only right with respect to dissatisfaction with any policy, guideline, or practice of the Company, or any change in content, is for you to discontinue accessing the site and services. To request cancellation the member is required to email its username, password and transaction ID. If these details are not supplied, your cancellation request may be delayed.
7 RESTRICTED ITEMS/MEMBERS CONDUCT
Sellers agree that they will not attempt to list, post details of or sell any illegal assets of any kind, through the Company's site and services, including, without limitation, all counterfeit goods, drugs, guns, pornography or any other item the Company, in its sole discretion, deems to be unlawful. You explicitly agree, in using the site and/or services that you shall not:-
a) provide any content, goods or perform any conduct which may be unlawful, threatening, false, inaccurate, misleading, offensive, menacing, abusive, defamatory, libellous, fraudulent, obscene, vulgar, profane, designed o or does interfere or interrupt this site and/or services, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability or which may violate an applicable local, national or international law;
b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
c) collect or harvest any data about other users;
d) provide or use the site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent or trade secrets.
8 SUBMISSION OF CONTENT ON THE SITE
By providing any content to our site:
a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and licence (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such licence will apply with respect to any form, media, technology known or later developed;
b) You warrant and represent that you have all legal, moral and other right that may be necessary to grant us with the licence set forth in this section;
c) You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
9 THIRD PARTY SERVICES
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Company shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
10 DISPUTE RESOLUTION
The Company, site and/or service has no involvement with the final transaction or sale (if any) between parties and therefore has no responsibility to engage in any necessary dispute resolution. The Company does however on all occasions recommend the use of the PaySelf escrow to secure all transaction monies.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any information your item listing and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the document incorporate by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
12 NO WARRANTY
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
13 LIABILITY/LIMITATION OF LIABILITY
Nothing in this User Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any direct, indirect, special or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement; the site/service or the Company. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
The user agrees not to hold the company, its affiliates, officers, directors, employees, legal advisors or agents liable for any loss or damage of any sort incurred as the result of a users dealings with any other user(s); inability to use or use of this site/service; unauthorised access to or alternation of your transmissions, information and/or data; and/or the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site/service.
We (including our parent, subsidiaries, affiliates, offices, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you and any third party, and the liability of our parent, subsidiaries, affiliates, offices, directors, agents and employees, in any circumstances is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release the company (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
Users shall, at their expense, agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys fee) incurred by the Company arising from or in relation to any third party claim, suit, or proceedings associated with the Users use of the Company site and/or services, violation or infringement of the Company's terms and conditions by Users (or others using the site and/or service through a Users computer) or any allegation that the information Users have provided hereunder 1) is factually inaccurate, misleading or deceptive; 2) infringes or misappropriates any copyright, trademark, trade secret or other intellectual property right of any third part; or 3) is libellous, defamatory, obscene or pornographic or violates other civil or personal privacy; provided the Company promptly notifies the User(s) in writing of such claim and promptly tenders full control of the Defence and settlement of any such claim to Users at their expense.
15 RECORD KEEPING
The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its site and services, including, but not limited to, content, auction features, news and information, and product categories without notice.
16 RESERVATION OF RIGHTS
The Company reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that it may have in the site, its content and the goods and services that may be provided. The User of the Company's rights and property requires the Company's prior written consent. You are not being provided with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of the site and/or services without prior written consent.
17 GOVERNING LAW
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts
Please note that your country (and or that of any user you deal with may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The Laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statues, ordinances, and regulations regarding your use of our services and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for the Company to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do or that we are approving or validating any listing, even if you have successfully made a similar listing in the past.
18 ENTIRE AGREEMENT
This User Agreement constitutes the entire agreement between the User and the Company, and it supersedes any previous agreements, whether oral or in writing, between users and the company. The company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will be communicated to the users before its enforcement.