OUR ONLINE TRADE SERVICE
We reserve the right to amend these rules at any time. Amendments will take effect when posted on our website. However, the rules current as at the start of a particular transaction will apply until that transaction is completed.
Our site is a place for traders to sell goods and for other traders to make an offer for and buy them. We do not have and never intend to have any contractual involvement in your transactions and at no stage buy or sell or purport to, buy or sell any of the products displayed on our site. Any disputes between buyers and sellers are just that: we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
REGISTRATION AND QUALIFICATION TO USE THE SERVICES
You are required to register with us by completing the registration form on our home page or through the checkout process and submitting it to us. Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use the Services. Any individuals who are unable to form legally binding contracts are prohibited from using the Services. If you are registering as a business entity, you represent that you have authority to legally bind that entity. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.
INFORMATION YOU PROVIDE
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration, listing or making an offer process.
Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
We use third party services to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
AVAILABILITY OF SITE
While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect aspects of making an offer or sale.
GENERAL RULES GOVERNING BUYING
To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If the seller accepts your bid or make an offer, you must complete the transaction.
Sellers are entitled to set applicable minimum bid or reserve requirements and are entitled to change these at any time before an offer is accepted. You may not retract an offer except in exceptional circumstances, for example where the seller has materially changed the description.
Your placing of an offer entitles us and any seller to rely on your offer and as a result you warrant and undertake that you have the legal right to make such offer and to enter into any such transaction.
If you make an offer for an item on our site, you acknowledge and agree that if your offer is accepted by the seller, you have entered into a contract with the seller to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller. Sellers may refuse to accept your order for whatever reason.
With regard to returns, please read our Returns Policy. Your acceptance of these terms and conditions entitles us to assume you have read the Returns Policy.
GENERAL RULES GOVERNING LISTING AND SELLING
In relation to all goods you sell or offer for sale through the Services:
If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’.
The seller grants mytradedeals.com full rights to use all information and images relating to the Listed Item for marketing and advertising as required.
Any seller receiving at least one offer at or above any stated applicable minimum or reserve requirement is obliged to complete the transaction with the highest offer unless the buyer fails to meet the terms of the listing or the seller is unable to authenticate the identity of the buyer or the buyer does not have sufficient financial capacity.
A Listed Item will remain listed on the site until:
If you list items for sale at a reserve price, you have the option to consider offers received below that reserve price.
You must not contact any buyers directly in a sale of Listed Items whether offered by you or another seller.
You must not directly or indirectly place offers on Listed Items you offer for sale on our site or manipulate the price in any other way.
mytradedeals.com will charge the seller commission based on the accepted offer for each Listed Item.
All buyers must pay sellers for items using the escrow account of mytradedeals.com Limited. Payment will be held until the buyer receives and accepts the goods.
mytradedeals.com shall reconcile the sellers account on the 15th day of every month and on the last day of every month, paying the seller the sale proceeds less any commission fee within 5 working days of reconciliation of the sellers account.
If the seller disputes any invoice or other statement of monies, the seller shall immediately notify mytradedeals.com. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. The seller shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment. If the parties have not resolved the dispute within 30 days of the seller giving notice to the Mytradedeals.com, the dispute shall be referred to an expert for determination. Costs associated with matters referred to an expert for determination are payable by the party at fault.
Payments shall be received in the currency specified on the website and all prices are exclusive of VAT and other applicable taxes, delivery charges and insurance.
Buyers are responsible for any costs of delivery and any insurance costs, unless otherwise agreed between the seller and the buyer.
Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
We use Sage Pay to collect/process transaction information. http://www.sagepay.co.uk/policies/security-policy
mytradedeals.com Limited has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
We act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to make an offer for them and buy them.
Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings or the capacity of any seller or any buyer to transact.
Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
Your acceptance of these terms and conditions also acts as a general release of Mytradedeals.com Limited and any of its subsidiaries (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Mytradedeals.com Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
mytradedeals.com Limited is the proprietor of the mytradedeals.com Limited trade mark and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by mytradedeals.com Limited in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
Except as otherwise stated, any notices you wish to send to us should be done so using the Contact Form http://mytradedeals.com/contacts/. Any notices that we may wish to draw to your attention will be displayed on our website.
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
EVENTS BEYOND OUR CONTROL
mytradedeals.com Limited will not be in breach of this charter or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
This charter, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous charters, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.