TERMS AND CONDITIONS - OFFERER
These terms and conditions (together with our Privacy Policy, Website Acceptable Use Policy and Terms and Conditions – Advertiser) tells you information about us and the legal terms and conditions (Terms) on which any of the products (Products) listed on our website (our site) are displayed to you.
These Terms will apply to the offers of Products, which you make to items listed on our Site. Please read these Terms carefully and make sure that you understand them, before making an offer for any Products on our site. Please note that before making offers for any Products using our Site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to make offers on any Products using our site.
We amend these Terms from time to time as set out in clause 9. Every time you wish to make an offer for Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently provided at Launch.
For the purposes of these Terms and Conditions the following definitions will apply:
“Offerer” means the Person or Organisation, who uses our platform to make offers on items advertised.
“Advertiser” means the Person or Organisation, who uses our platform to Advertise their item.
“Notification” means by way of email to the email address provided by you upon registration with us or by way of a status or message posted within your My Offers screen. Our platform facilitates notifications on behalf of both Offerer and Advertiser to enable a private “Offline” sale between both Offerer and Advertiser.
“Offline” means by way of any method of communication other than the use of our website.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.Kitsnboots.com. We are Projective (NW) Ltd., a company registered in England and Wales under company number 7019518 and we have our registered office at Levine House, 233 Wigan Road, Ashton in Makerfield, Wigan. WN4 9SR.
1.2 We respond to emails, which are sent using the Contact Us email template.
2. Contacting us if you are an Offerer:
(a) If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us using our Contact Us email template.
(b) If we have to contact you or give you notice in writing, we will do so by way of a Notification.
3. Products
3.1 The images and content are provided by the Advertiser and therefore we cannot be responsible for the correct display of the product. Projective (NW) Ltd is not responsible for the images and content as listed by the Advertiser.
3.2 Projective (NW) Ltd have implemented image and text validation software, which will review the advertisements prior to advertising to assess the completeness of the description and suitability for advertising. Projective (NW) Ltd may also perform a secondary review of items listed.
3.3 All Products listed and advertised on our site for sale are either second hand or new Products and are owned by Individual or Business Advertisers. Projective (NW) Ltd does not own or take responsibility for the goods listed by the Advertiser.
4. Use of our site
Your use of our site is governed by our Terms of website use, Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5. How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
6. To all Offerers
6.1 If you are an Offerer or representative of an Offerer, you may only make offers using our site if you are at least 16 years old. All minors aged between 14 and 16 years of age must be supervised by an adult at all times.
6.2 Certain Products on our site can only be offered if you satisfy the legal age requirement for that Product. If you are underage, please do not make offers on these Products through our Site.
7. If you are a representative of a Offerer
This clause 7 only applies if you are a representative of an Offerer.
7.1 If you are not the Offerer, you confirm that you have authority to bind any business on whose behalf you use our site to make an offer for products.
7.3 You acknowledge that in accepting these terms and conditions you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
8. Offering policies
8.1 Our site clearly demonstrates the process, which you need to follow to make an offer using our website. Once you have submitted your initial offer the Advertiser has 48 hours to Negotiate with you. Once the Advertiser has chosen to Negotiate, you will need to respond to the Advertiser by sending them an Instant Messaging Text from within your Offers screen, within 24 hours of being notified to do so. If you do not respond within this time, the item will be reverted back for sale and the item will be deleted from your Offers screen. You may also cancel the Offer at any time, which will remove the item from your Offers screen and will revert the item back for sale within the Advertiser screen.
8.2 You will only be able to make ONE offer per item within the 48 hour open offer period. The Advertiser can only accept negotiate against the highest offer. You will receive a Notification of the Advertisers’ response or if the Advertiser has accepted an offer from another Offerer.
8.3 It will not be possible to make an offer of less than 75% of the original asking price of the Products.
8.4 When your offer has received a response you are requested to communicate with the Advertiser by using the application Instant Messaging Service, which will be associated with each item within your Offers screen.
8.5 We will send to you an email notification of the Advertisers’ response to the email address, with which you registered on our site.
8.6 We will send an email confirmation to the Advertiser on the FIRST instance of you sending a Instant Messaging text to the Advertiser so that they are aware of your first text.
8.7 You may communicate with the Advertiser to purchase the item “Offline” and to establish the method of private payment, collection or delivery of the item.
8.8 If negotiations with the Advertiser break down or you do not agree the terms of Sale or delivery with the Advertiser, you may cancel your offer at any time by clicking the Cancel button, which will remove the item from your Offers screen and will revert the item back for sale within the Advertiser screen.
8.9 You may only contact an Advertiser confidentially, initially using our Instant Messaging text system.
9. Our right to vary these Terms
9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 We may revise these Terms as they apply to your offer from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and .
(b) any other reason.
9.4 If we have to revise these Terms, we will contact you to give you reasonable advance notice of the changes and how they affect the operation of our website.
10. Procedure on cancellation
10.1 We facilitate a fully automated offer and negotiate process, which can enable the cancellation of offers at any time throughout the process. This can be seen on your "My Offers" screen by way of instructions against each item together with the time clock.
10.2 This website does not facilitate the payment of the item nor do we hold any responsibility for the Sale or Payment of the item.
10.3 The items for sale are sold by the Advertiser “Offline” and therefore it is the Advertisers’ responsibility to comply with any legislation, which may apply to the Sale and Supply of either New or Second Hand goods.
10.3 Once you have clicked Cancel, all IM text will be deleted from our website, therefore you should retain the Advertisers’ contact details in case of the need for any further contact or to effect a private return or enforce any guarantee.
11. Breach of these conditions
11.1 Any breaches of these conditions or any behaviour or act which we deem to be an abuse of this service may result in the following actions:-
(a) limits on account privileges
(b) cancellation of advertised Products
(c) cancellation of offers
(d) prohibition of your email address
12. Our liability for all Offerers or representatives of Offerers
12.1 Projective (NW) Ltd is not liable for any loss or injury to any Offerers. The Contract of Purchase between Offerer and Advertiser is not concluded using our website. We only facilitate the initial negotiation and provide the ability to confidentially share contact details. The contract for the sale and purchase of any item is concluded between Offerer and Advertiser away from our website “Offline”.
12.2 We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
(g) Any personal injury or loss resulting from the improper use or maintenance of Products
12.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products as advertised by private Advertisers. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a these terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14. Communications between us
14.1 When we refer, in these Terms, to "in writing", this will include e-mail, and My Offers onscreen status and instruction messages.
14.2 If you are an Offerer you may contact us as described in clause 1.1.
(a) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by email or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 These terms are between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 If you are a user of our website, please note that these Terms are governed by English law. This means the making of an initial offer using our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
These terms and conditions (together with our Privacy Policy, Terms of Website Use, Website Acceptable Use Policy and Terms and Conditions - Offerer) tells you information about us and the legal terms and conditions (Terms) on which you advertise any of the products (Products) using our website (our site).
These Terms will apply to the advertisement of Products through our site. Please read these Terms carefully and make sure that you understand them, before advertising any Products on our site. Please note that when registering on our site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to advertise any Products on our site.
We amend these Terms from time to time as set out in clause 9. Every time you wish to advertise Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently provided at Launch.
“Offerer” means the Person or Organisation, who uses our platform to make offers on items advertised.
“Advertiser” means you, who uses our website as provided by Projective (NW) Ltd to Advertise your item.
“Notification” means by way of email to email address provided by you upon registration with us or by way of Status and Messages within your My Boot screen.
“Offline” means by way of any method of communication other than the use of our website.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.Kitsnboots.com. We Projective (NW) Ltd., a company registered in England and Wales under company number 97019518 and we have our registered office at Levine House, 233 Wigan Road, Ashton in Makerfield, Wigan. WN4 9SR.
1.2 To contact us as an Advertiser, please use our email template by clicking Contact Us whilst logged in.
2. Your products
2.1 You will be able to use our website www.KitsNBoots.com to arrange your own “Offline” private sale and to negotiate with Offerers who have made an initial offer for your item(s) as listed for sale.
2.2 You may advertise new or second hand goods using our website.
2.3 As a private or business advertiser, it is your responsibility to ensure that you comply with any legislation, which relates to the “Offline” Private or Business sale of any item, including the honouring of any guarantees.
2.2 You accept initial offers on your own behalf and may negotiate with the Offerer who makes the highest offer, however the contract for sale will only be concluded “Offline”.
2.3 You may use our application to send an Instant Messaging text to any Offerer who has made an initial offer. You conclude the contract for sale away from our website “offline”.
2.6 You may cancel all negotiations at any time and revert the item back as advertised or remove the item from advertisement altogether at any time.
3. Use of our site
Your use of our site is governed by our Terms of website use, Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5. If you are an Advertiser or a representative of an Advertiser
5.1 If you are not the Advertiser and you are a representative of the Advertiser you confirm that you have authority to bind any business on whose behalf you use our site to advertise Products.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that by using our website you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5.5 By accepting an initial offer from an Offerer, you agree that you make an initial contact with the Offerer using our in application instant messaging service and that any contract of sale is done between Yourself and the Offerer away from our website “Offline”.
5.6 Your product will automatically delete from our website and your boot screen at 60 days from the date / time it was listed. You may list the item again after this point.
6. Advertisers’ practices
6.1 Upon registration you will be entitled to advertise Products from your boot.
6.3 When advertising products you must:
(a) Be at least 16 years of age or if you are a minor aged between 14 and 16 years of age you must be supervised by an adult at all times.
(b) Only advertise goods, which are of merchantable quality.
(c) Describe the Products you are advertising individually as the case maybe.
(d) Provide guidance of any age suitability on any Products
(e) Provide accurate and complete details
(f) Accurately specify the condition of the Products
(g) Provide information of any defects or flaws in the Products
(h) Have possession or be in a position to deliver, post or allow the collection of the Products when agreed between Yourself and the Offerer.
6.4 When advertising products you must not:
(a) Provide any conflicting or misleading information concerning the Products.
(b) Attach to any advertisement any photographs which do not show the Products.
(d) Advertise Products which do not belong to you.
(e) Advertise any Products which are offensive, illegal or inappropriate (Prohibited Products).
(f) Share any personal contact details which would make You or your Business identifiable.
6.5 Items listed for advertisement will be reviewed by the Area Manager on an Audit basis following their listing by you. The Area Manager reserves the right to reject any listing for any reason.
6.6 Once an offer for any of your Products has been made you have 48 hours from the FIRST offer to respond by either negotiating or rejecting the offer. It is only possible to negotiate the highest offer. If you fail to respond (either by negotiating or rejecting) the highest offer within 48 hours of the first offer being made you will be issued with a yellow card. All cards will roll off after 60 days from the card being applied. On rejection of an offer by clicking Cancel, the item will revert back to for sale status.
6.7 Three yellow cards within a rolling 60 day period will result in a red card, at which point you will not be entitled to advertise Products which do not have offers outstanding. This suspension will last for a period of 30 days. However, you will be allowed to continue to negotiate items, which were in process prior to the Red Card being issued. Red cards will roll off after 30 days.
6.8 Only when you have negotiated an initial offer for the Products, you will be able to user our confidential instant messaging service to negotiate with the Offerer and to share your contact details so that you may conclude the sale offline.
6.9 You will only be entitled to negotiate the highest offer.
6.10 It will not be possible to negotiate an offer of less than 75% of your original asking price.
6.11 You may cancel negotiations at any time throughout the negotiation process, which will return the item to advertised within your boot screen and will remove the item from the Offerer screen.
6.12 You will receive a Notification informing you of any cancelled offers, which will return the item to advertised within your boot screen.
6.13 All instant messaging content will be deleted once you have cancelled negotiation or deleted the item from your Boot screen. We do not store instant messaging content on our website.
7. Our right to reject products
7.1 We may reject any attempt to advertise any Restricted Products after they become visible on our site my performing regular audits of listings.
8. Payment
8.1 It is your responsibility to ensure your Buyer payment is valid and successful. Projective (NW) Ltd is not involved in the payment of the goods or the contract for sale of the goods, we only allow you free use of our website to facilitate negotiations for sale.
8.2 In the event that you may wish to contact the Offerer at a later date for reasons of failed payment or other legitimate reasons, you should retain the Offerers contact details as they provided them to you confidentially or by any other offline means.
9. Our right to vary these Terms
9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 Every time you advertise Products through us, the Terms in force at the time you advertise will apply to the agreement between you and us.
9.3 We may revise these Terms as they apply to your advertisement from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) for any other reason.
10. Breach of these conditions
10.1 Any breaches of these conditions or any behaviour or act which we deem to be an abuse of this service may result in the following actions:-
(a) Yellow or Red cards
(b) limits on account privileges
(c) deletion of advertised Products
(d) cancellation of sales
(e) deletion of your boot
(f) prohibition of your email address
11. Responsibility for products
11.1 Projective (NW) Ltd is not responsible for your products at any time. You conclude a sale of contract privately between Yourself and the Offerer “Offline”.
12. Communications between us
12.1 When we refer, in these Terms, to "in writing", this will mean to include e-mail communication.
12.2 If you are an Advertiser you may contact us using our email template by clicking the Contact Us link whilst logged in.
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms shall be in writing and shall be delivered service or by e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our Registered Office if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Other important terms
13.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by email or by posting on this webpage if this happens.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This agreement is between you or your representative and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 Please note that these Terms are governed by English law. This means any advertisement of Products through our site and any dispute or claim arising out of the use of our site will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.7 Any dispute or claim arising out of or in connection with the use of our site shall be governed by and construed in accordance with the law of England and Wales.
13.8 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the use of our site.