These terms and conditions (together with our Privacy Policy, Website Acceptable Use Policy and Terms and Conditions – Seller) 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 sold to you.
These Terms will apply to the sale of Products to you from our Site. Please read these Terms carefully and make sure that you understand them, before making an offer for any Products from our site. Please note that before purchasing and Products form our Site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase any Products from our site.
We amend these Terms from time to time as set out in clause 8. 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:
“Buyer” means any Buyer, whether it be a Private Individual, Business, Charity, Club or Association or Public Sector Organisation.
“Seller” means the Person or Organisation, for whom KitsNBoots Trading Ltd acts as an Agent, by facilitating the order, purchase, drop and collection of goods traded or donated by the Seller.
“Unit” means our outlet from which collections can be made within the town you are registered or as specified in any Notification.
“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 Purchases screen.
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 KitsNBoots Trading Ltd , a company registered in England and Wales under company number 9080901 and with our registered office at 112 Bradshawgate, Leigh, Lancs. WN7 4NP. Our local trading address and the initial contact address within your locality can be found within the outlet tile on our Site.
1.2 We operate as a trading subsidiary of KitsNBoots Charitable Incorporated Organisation, a charity formed with the following objective;
1.3 KitsNBoots is Registered in England and Wales as a Charitable Incorporated Organisation (CIO) No 1157251, which exists for the promotion of community participation in healthy recreation, for the benefit of the Public within our Towns, by enhancing and sustaining, the provision of facilities for playing Amateur Football.
2. Contacting us if you are a Buyer:
(a) If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us at [email protected].
(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 Donator / Seller and therefore we cannot be responsible for the correct display of the product. KitsNBoots Trading Ltd acts as an Agent to the Donator (Seller).
3.2 KitsNBoots trading Ltd will review the advertisements prior to advertising to assess the completeness of the description and suitability for sale.
3.3 All Products listed and advertised on our site for sale are second hand Products and are owned by individual or business sellers and we only take ownership and responsibility for the Products once they have been delivered to us. .
3.4 All electrical Products, which require a plug for use will be subjected to a Portable Appliance Test before they can be released to you.
3.5 In the event that the Products fail the Portable Appliance Test, are not fit for sale or do not match the description of the item when advertised, we will then inform you by way of a Notification and we will make a refund directly to the credit/debit card or PayPal account, which was used when you made the full payment deposit.
3.6 The packaging (if applicable) of the Products may vary from that shown on images on our site.
3.7 We will not supply packaging in the form of boxes, carrier bags etc. We will release the goods in the same packaging in which they were delivered to us. You should assume that no packaging will be provided and arrive at the Unit with suitable packaging to enable you to carry the items.
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 Buyers
6.1 If you are a Buyer or representative of a Buyer, you may only purchase Products from our site if you are at least 18 years old.
6.2 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our Site. Our Sellers are requested to indicate whether there is any age suitability for the Products.
7. If you are a representative of a Buyer
This clause 7 only applies if you are a representative of a Buyer.
7.1 If you are not the Buyer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7.2 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.
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. Buying policies
8.1 Our site clearly demonstrates the process, which you need to follow to make a purchase using our website. Once you have submitted your offer, you will not be able to cancel that offer prior to the Seller accepting that offer, however if you do wish to cancel your offer following the Seller having accepted your offer, you may wish to cancel your offer by way of not making payment within the required 24 hours from when the Seller accepted your offer. This will revert the Products back for sale.
8.2 You will only be able to make ONE offer within the 48 hour open offer period. The Seller can only accept the highest offer. You will receive a Notification of the Seller’s response or if the Seller has accepted an offer from another Buyer.
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 been accepted you are requested to complete the order by making a card or PayPal payment from within your My Purchases screen, using the click button, which is associated with the item for which you have offered and has been accepted.
8.5 After you have placed an order and made a full payment deposit, you will receive a Notification acknowledging that we have received your order and payment. You are not contractually bound at this point. You are only contractually bound at the time you arrive at the Unit, have inspected those products, provided your stock number, secure PIN and taken those goods away
8.6 The Notification referred to in clause 8.5 will include a payment confirmation of your order. You will also be able to see the status of the item and your payment from within your My Purchases screen under Status and Instructions, which can be found associated with each item you have ordered.
8.7 You will receive a further Notification when the Products are available for collection from our Unit, together with the stock number for the Products along with the secret PIN to enable your verification on collection. You will also be notified by way of the Status and Instruction messages, which is associated with each Product you have ordered.
8.8 The collection address for your product(s) is the Unit associated with the Town to which you are registered. Full contact details and address of the Unit can be found on our site, within the Outlet tile, which is located within your registration landing page.
8.9 In addition to the purchase price for the Products, you will be charged a non-refundable administration fee of 50p per item. The admin fee covers the cost of hosting and other Charity administration costs and is not in relation to card or paypal payment processing. Payment Process Charges will also be applicable and will be charged in accordance by those charges levied on us by our payment services provider.
8.10 You will have 24 hours in which to make full payment of the product(s) failing which the transaction will be cancelled.
8.11 You will have 8 days from receipt of the Notification confirming the Products are available for collection to collect the Products. If you fail to collect the Products within this timescale the transaction will be cancelled and you are required to attend at the Unit with the stock confirmation number and PIN No, where upon you will be refunded back to the card or PayPal account used for initial payment, the full amount (including payment processing charges) less the administration fee.
8.12 If we are unable to supply you with the Products, for example because the Seller has not delivered them to us or we have rejected delivery the transaction will be cancelled and you will receive a Notification confirming this. If you have already paid for the Products, we will refund you the full amount less the administration fee in accordance with the provisions of clause 10.3.
8.13 We will reject any Products which are damaged, faulty, not as described on our site or for any other reason, at which point the transaction will be cancelled. You receive a Notification of this. If you have already paid for the Products, we will refund you the full amount less the administration fee in accordance with the provisions of clause 10.3.
8.14 You will have the opportunity to inspect the Products at the time of collection. You may reject the Products if they are damaged, faulty or not as described on our site or for any other reason at which point the transaction will be cancelled and you will be entitled to a full refund less the administration fee in accordance with the provisions of clause 10.3.
8.15 You will not contact a Seller directly and offer to buy a Product advertised on our site via any method other than through our site.
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 order Products from us, the Terms in force at the time of your order will apply.
9.3 We may revise these Terms as they apply to your order 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 as they apply to your order, prior to you having collected them and therefore completed the contractual purchase, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the purchase if you are not happy with the changes.
10. Procedure on cancellation
10.1 We operate a fully automated sales and purchase process, which can only facilitate fixed points for cancellation. This can be seen on your "My Purchases" screen by way of instructions against each item together with the time clock.
10.2 If you are a Buyer, you may effect a cancellation of your order after you have paid by (i) visiting the Unit and effecting a rejection of the goods OR (ii) by not visiting the Unit within 8 days of being notified to do so. If you visit the Unit to effect a rejection within 8 days of being notified to do so, if possible, we will provide a refund directly to the same card or PayPal account, with which you made a full payment deposit, however if you do not arrive at the Unit within 8 days of being notified to do so, you will still need to visit the Unit to obtain a refund to the card or PayPal account, with which you made a full payment deposit.
10.3 If the order is cancelled for any of the reasons specified in clause 8, clause 10.2 or for any other reason notified to you we will refund you the price you paid for the Products (including payment processing charges) less the administration fee. Providing the credit card or debit card or PayPal account is still valid, we will refund you to the credit card or debit card or PayPal account used by you to make the original payment. If the credit or debit card or PayPal account is no longer valid, we will issue a refund to your PayPal account. If you do not have a PayPal account, we will issue you with a cheque, payable to the name as registered on our website, which will be posted to the address shown within your kitsnboots registered account. No cheques will be issued by hand.
10.4 If you have collected the Products and wish to return them, we will only refund the price (including payment processing charges) of the Products less the administration fee if the Products are faulty by any fault that could not have been established at the point of inspection prior to collection.
10.5 Products bought as a Hamper are classed as a single Product and cannot be separable for return purposes. This means that if you wish to reject or return one single item as part of a hamper, you must reject or return all items within that Hamper.
10.6 If whilst being held at the Unit, the Products become lost or damaged, you will receive a Notification confirming this and we will provide an automatic refund in accordance with the provisions of clause 10.3.
10.7 If after collecting and therefore purchasing the goods from the Unit, you take them home and find them not to be working correctly or if there is anything wrong regarding their completeness, which could not have been identified at the time of collection (purchase), then you have a right to return those goods within 3 days of the date and time of collection (purchase), by returning them to the Unit, along with the stock number of the item and the PIN assigned to the item. We will effect a refund in accordance with the provisions of clause 10.3.
11. Collection
11.1 You will receive a Notification of the collection timeframe. We will only notify you of the requirement to collect once we have the goods available for collection.
11.2 You own the Products once we have received payment in full and you have collected them from the Unit.
12. Price of products
12.1 The List prices of the Products will be as quoted on our site at the time you submit your offer and your offer price will be confirmed once the offer has been made.
13. How to pay
13.1 You can only pay for Products using a debit card or credit card or your PayPal account.
13.2 When paying for Products you will be charged an additional non-refundable administration fee of 50p per item.
14. Breach of these conditions
14.1 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) cancellation of advertised Products
(d) cancellation of sales
(e) deletion of your boot
(f) prohibition of your email address
15. Our liability For all Buyers or representatives of Buyers
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us upon your acceptance of these Terms.
15.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, 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
15.4 Subject to clause 15.1, our total liability to you in respect of all losses arising under or in connection with the purchase, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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.
16. Events outside our control
16.1 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.
16.2 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.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations we will contact you as soon as reasonably possible to notify you; and if our website application cancels the offer, we will refund you in accordance with the provisions of clause 10.3.
17. Communications between us
17.1 When we refer, in these Terms, to "in writing", this will include e-mail, and My Purchases onscreen status and instruction messages.
17.2 If you are a Buyer 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.
18. Other important terms
18.1 We may transfer our rights and obligations under a 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.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 These terms are between you and us. No other person shall have any rights to enforce any of its terms,
18.4 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.
18.5 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.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means the making of an offer, the ordering of Products through our site and the purchase of Products from our Unit(s) 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 - Buyer) tells you information about us and the legal terms and conditions (Terms) on which you advertise and sell any of the products (Products) listed from our website (our site).
These Terms will apply to the advertisement and sale 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.
“Buyer” means any Buyer, whether it be a Private Individual, Business, Charity, Club or Association or Public Sector Organisation.
“Seller” means you, the Donator, who uses our website as provided by KitsNBoots Trading Ltd to facilitate the Sale of your item, to then enable you to donate the sale proceeds or part proceeds to KitsNBoots Trading Ltd, wholly owned by the Charity, KitsNBoots.com.
“Unit” means our outlet at which you are required to deliver the Products and from which the Buyer will collect the Products.
“Cashback” means any money agreed to be paid back to you providing those goods are not returned by the Buyer within the 3 day return period of the time and date of the Buyer Acceptance and the expiry of 3 days.
“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 Purchases screen.
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 KitsNBoots Trading Ltd , a company registered in England and Wales under company number 9080901 and with our registered office at 112 Bradshawgate, Leigh, Lancashire. WN7 4NP. Our local trading address and initial contact point within your locality can be found within the outlet tile on our Site.
1.2 We operate as a trading subsidiary of KitsNBoots Charitable Incorporated Organisation, a charity formed with the following objective;
1.3 KitsNBoots is Registered in England and Wales as a Charitable Incorporated Organisation (CIO) No 1157251, which exists for the promotion of community participation in healthy recreation, for the benefit of the Public within our Towns, by enhancing and sustaining, the provision of facilities for playing Amateur Football.
1.4 To contact us as a Donator (Seller), please email [email protected]
2. Our products
2.1 We will act as your Agent, whereby you will use our website to arrange a Sale to enable you to make a donation to KitsNBoots Trading Ltd.
2.2 You accept offers on your own behalf.
2.3 The responsibility for control of the goods remains with you until you drop those goods off at the Unit, if whilst in your possession, those goods become lost or damaged, we will not be held responsible for them. KitsNBoots Trading Ltd will insure those goods whilst they are under our ownership and control.
2.4 Any boot with no items for sale will not be visible to any consumers using the site.
2.5 By accepting these Terms you are agreeing that any Products advertised by you will upon acceptance of an offer for the same be delivered to us and an agreed percentage of the sale price of those Products will be retained by us as a donation, the remainder being paid to you as Cash Back, providing those goods are not returned by the Buyer within the 3 day returns period allowed to them from the time and date they collected those goods from the Unit.
2.6 The agreed percentage of the sale price will differ if you are acting as a self trader or if you chose to donate direct to a club/team. As a self trader you will be entitled to choose your level of cashback up to a maximum of 88% of the achieved sale price. If you chose to donate direct to a club/team the agreed donation percentage of the sale price will be 100% and you will not be entitled to any Cashback.
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 a Seller or a representative of a seller
5.1 If you are not the Seller and you are a representative of the Seller 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 offer from a Buyer, you agree to deliver those Products to KitsNBoots Trading Ltd. The proceeds of sale will be distributed in accordance with clause 2.6.
6. Seller’s practices
6.1 Upon registration you will be entitled to advertise Products from your boot.
6.2 A minimum list price shall apply as specified within the Add Item page of our website.
6.3 When advertising products you must:
(a) Be at least 18 years of age
(b) Only advertise second hand Products
(c) Describe the Products you are selling 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 the Products when requested
6.4 When advertising products you must not:
(a) Advertise any new Products (only second hand products will be accepted)
(b) Provide any conflicting or misleading information concerning the Products
(c) 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 identifiable
6.5 All items listed for advertisement will be approved by the Unit Manager before they become visible to the public. The Unit 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 accepting or rejecting the offer. It is only possible to accept the highest offer. If you fail to respond (either by accepting 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 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, sell or trade 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 trade 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 accepted an offer for the Products and we have taken payment from the buyer, you will receive a Notification to drop and you will deliver the Products to the Unit as specified within the Notification and/or the Outlet tile of your Town registration.
6.9 You will only be entitled to accept the highest offer.
6.10 It will not be possible to accept an offer of less than 75% of your original asking price.
6.11 Upon receipt of the Notification to drop you will have 8 days to deliver the Products to the address as specified within the Outlet tile within your Town registration.
6.12 Failure to deliver the Products within 8 days of being notified to do so will result in the cancellation of the sale, removal of the item from your boot and the issue of a red card.
6.13 We reserve the right to reject the Products upon delivery by you for any reason without explanation. Products will automatically be rejected if they do not meet the description and/or condition referred to within its/their listing.
6.14 The Buyer is entitled to reject the Products upon inspection, at which point the sale is cancelled and any money paid to the buyer is refunded.
6.15 The Buyer is also entitled to return the Products within 3 days of collection if there is any fault or damage to the Products which was not evident at the time of inspection.
6.16 If a Buyer fails to collect the Products the sale will be cancelled.
6.17 You will receive a Notification informing you of any cancelled sales, rejected and returned Products and invited to reclaim those Products from the Unit specified in the Notification and/or Outlet Tile of the website. Any Products which remain uncollected by you upon the expiry of 21 days from receipt of the Notification of cancellation will be sold or disposed of by us.
6.18 You must not contact a Buyer and offer to sell any listed Products outside of our site
6.19 If you receive an offer to buy any listed Products outside of our site you must report it to us.
7. Our right to reject products
7.1 We will reject any attempt to advertise any Restricted Products before they become visible on our site.
7.2 We may reject any Products which are presented at the address specified if they are damaged, unsuitable, not as described or for any other reason without providing an explanation.
8. Payment
8.1 If you are a self trader we will pay you the agreed percentage of the proceeds of sale of your Products as Cash Back ONLY by way of a transfer to your PayPal account, once the Products have been collected by the Buyer and the period for returning the goods has expired.
8.2 Cash back payment will not take place until the expiry of the Buyer’s 3 day return period.
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) cancellation of advertised Products
(d) cancellation of sales
(e) deletion of your boot
(f) prohibition of your email address
11. Responsibility for products
11.1 You are responsible for the Products until you have delivered them to us at the Unit specified in any Notification and/or the Outlet tile for your location.
11.2 We will take ownership and responsibility for the Products following delivery to us.
11.3 If any Products become lost or damaged whilst in our possession our liability is limited to the agreed cashback in the event that the transaction is cancelled.
11.4 You will not be entitled to a refund for any damage caused or loss of the Products prior to delivery to us which results in the cancellation of the sale or the rejection of the Products.
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 a Seller you may contact us as described in the Outlet tile within your Town registration.
(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 the Town Unit; 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 or sale of Products through our site 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.
13.7 Any dispute or claim arising out of or in connection with the sale of Products 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 sale of any Products.