Welcome to the User Agreement for Buy and Sell.
The services available at http://www.buyandsellstores.eu.
("Buy and Sell", "we", "us" or "our"), located at Buy and Sell Stores Ltd, 10 Rue des Martyrs 22160 Callac
This User Agreement describes the terms and conditions applicable to
your use of our services available under the domains and sub-domains
at http://www.buyandsellstores.eu and all other Buy and Sell Stores
Online Website urls (the "Site"). If you do not agree to be bound by
this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement, which includes those terms and
conditions expressly set out below and those incorporated by
reference, before you may become a user of the Site. We strongly
recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites
referred to in this document, as they contain further terms and
conditions which apply to you as a Buy and Sell Customer.
We may amend this User Agreement at any time by giving you notice
("Notice") by either e-mail in accordance with your Notification
Preferences or by posting the amended User Agreement on the Site.
Any amended User Agreement will govern new user registrations from
the date that it is posted on the Site. Existing users will be bound
by the amended User Agreement after the expiry of 30 days following
the date of a Notice. No other amendment to this User Agreement will
be effective.
1. Membership Eligibility.
Our services are not available to, and may not be used by, persons
under the age of 18 years or to temporarily or indefinitely
suspended Buy and Sell members. If you are under 18 years old, you
can use this service only in conjunction with and under the
supervision of a parent or guardian. If you do not qualify, please
do not use our services. If you are registering as a business
entity, you represent that you have the authority to bind that
entity to this User Agreement.
2. Selling to Buy and Sell
At Buy and Sell we have a legal obligation to avoid inadvertently
buying stolen or defrauded goods from our Customers.
To help us avoid this we employ at store level a strict
implementation of the an ID Policy, which will be adhered to on
every transaction. It consists of, but not it its entirety, the
following:
All transactions are (or maybe) covered by our in-store CCTV.
Customers must be a minimum of 18yrs of age.
We will always take identification as per our ID policy displayed in
store, and it will be entered onto, and stored on our computer
system.
We will always take ID for all and every subsequent transaction; no
matter how many times a Customer has used our services.
Customers Photographs may be taken and stored in our computer
system. Customers address will be taken and stored in our computer
system.
Wherever applicable/ practical products checked for serial numbers,
and if found recorded in our computer system along with a brief
description of the goods.
All goods, where applicable will be electrically tested.
All goods, where applicable will be mechanically tested.
Customer will always be required to sign a receipt, and a copy
provided for the customer.
We strive to maintain a good working relationship with the local
police, and welcome their assistance in the operating of our
business.
3. Warranty Policy
When purchasing goods from the Buy and Sell store via the website,
Customers are entitled to assume:-
1. The goods they are purchasing are of satisfactory quality
2. The goods are fit for all purposes for which they are supplied
3. The goods are safe and durable
4. That where any written description is applied to the goods, that
the goods match that description
If the above are breached, the customer may be entitled to certain
remedies which include refund, repair or replacement. But will need
to contact the store the item(s) was purchased from.
4. Returns Policy
Nothing in this Returns Policy shall affect the statutory rights of
any consumer
4.1 Cooling-off Period
If for any reason you are unhappy with an item you purchase, you the
buyer may withdraw from the purchase within 7 working days after the
day the item is delivered to you. The item must be returned to us
new and unused, in full working order and in its original condition
within 7 working days after the day the item was delivered to you.
However we cannot accept cancellations of contracts for the purchase
of audio, video, or DVD recordings, video games and software
products where the item has been unsealed.
To cancel your purchase please include our dispatch note, place it
with the item securely packaged (preferably in its original
packaging) and send it to us so that we receive it within 7 working
days after the day the item was received by you. For your protection
we recommend that you use a recorded-delivery service.
You will be responsible for the costs of returning the item to us
unless we delivered the item to you in error, or if the item is
damaged or defective.
We will reimburse the relevant part of the purchase price for that
item excluding the item’s normal postage charge as soon as possible
after receiving your notice of cancellation and in any event within
30 days.
4.2 Return of substitute goods
The items delivered to you may differ slightly from the images shown
on the Buy and Sell auction site. We reserve the right to substitute
items of a similar description and standard if the requested items
are not available but we will use reasonable endeavours to match
your order exactly. In the unlikely event of you receiving a
substituted product you, the buyer, shall be entitled to return the
items for a full refund within [10] working days from the date of
delivery, should the substituted product not be acceptable to you.
In the event that we send you replacement items we will be
responsible for the normal postage costs of returning any
replacement items to us.
4.3 Return of defective goods
You, the buyer, must inspect the items as soon after delivery as is
reasonably practicable and must notify us of any defects in the
items within [5] working days from the date the items were
delivered.
You must return any defective or faulty item to us within 10 working
days from the date of delivery.
Provided you notify us of any defects and return the defective item
within the periods set out above we will either replace your item on
a like for like basis or we will refund your payment in full
including the item's normal postage charge within [7] working days
of the defective item being returned to us.
5. Your Information.
"Your Information" is defined as any information you provide to us
in relation to the Buy and Sell service including the registration.
You are solely responsible for Your Information, and we act as a
mere conduit for your online distribution and publication of Your
Information.
To enable Buy and Sell to use Your Information, you grant us a
non-exclusive, world-wide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) licence to exercise the
copyright, trade mark, publicity, and database rights you have in
Your Information, in any media now known or not currently known. You
also waive all moral rights you have in Your Information to the
fullest extent permitted by law.
5.1 Access and Interference.
The Site contains robot exclusion headers. Much of the information
on the Site is updated on a real time basis and is proprietary or is
licensed to Buy and Sell by our users or third parties. You agree
that you will not use any robot, spider, scraper or other automated
means to access the Site for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any
action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for Your
Information) from the Site without the prior expressed written
permission of Buy and Sell and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site; or (iv)
bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site. We do not authorise you to
extract or re-utilise substantial parts of our Site, or to make
systematic and repeated extractions or re-utilisations of
insubstantial parts of our Site.
6. Breach.
Without limiting our other remedies, we may limit your activity on
the Site, immediately suspend or terminate your user registration
and refuse to provide our services to you without notice to you: (a)
if you breach this User Agreement or the documents incorporated 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.
7. Transfer of Data
We view protection of users' privacy as a very important community
principle. Please note that Your Information will be stored and
processed on our computers in the United Kingdom. Buy and Sell will
hold and transmit Your Information in a safe, confidential and
secure environment. If you object to your Information being
transferred or used in this way please do not register.
8. 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.
9. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability
for fraudulent misrepresentation, or 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
special, indirect or consequential damages (however arising,
including negligence) arising out of or in connection with this User
Agreement. Some jurisdictions do not allow the exclusion of
incidental or consequential damages, so the above exclusion may not
apply to you.
We (including our parent, subsidiaries, affiliates, officers,
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.
10. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of your
breach of this User Agreement (including the documents incorporated
by reference), or your violation of any law or the rights of a third
party.
11. Notices.
Unless otherwise explicitly stated, notices to Buy and Sell must be
sent by registered mail to Buy and Sell Stores Ltd, 10 Rue des Martyrs
22160 Callac and notices to you will be sent to the email address
that you provide to Buy and Sell during the registration process
(receipt is deemed 24 hours after an email is sent, unless we
receive notice that the email address is invalid), or by registered
mail.
12. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance
with English law and subject to the exclusive jurisdiction of the
English courts.
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
license 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, statutes, ordinances and regulations regarding
your use of our service and your bidding on, listing, purchase and
solicitation of offers to purchase and sale of items. There is no
practical way for us 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 transaction, even if you have successfully made
similar sales or purchases in the past.
13. Third Party Rights.
A person who is not a party to this User Agreement has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this User Agreement but this does not affect any right
or remedy of a third party specified in this User Agreement or which
exists or is available apart from that Act
14. General.
If any provision of this User Agreement is held to be invalid or
unenforceable, such provision shall be struck out and the remaining
provisions shall be enforceable. You agree that this User Agreement
and all incorporated agreements may be automatically assigned by Buy
and Sell , in our sole discretion, to a third party in the event of
a merger or acquisition or any other event. You and Buy and Sell are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended
or created by this User Agreement. Headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This User Agreement sets
forth the entire understanding and agreement between us with respect
to its subject matter. No oral explanation or oral information given
by any party shall alter the interpretation of this User Agreement.
SFR - VIRGIN - ORANGE - TELE2 - F.BOUYGES |
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