In this User Agreement:
2. About EquiMarket
3. Using EquiMarket
4. Abusing EquiMarket
6. Listing Conditions
7. Purchase Conditions
8. International buying, selling and translation
10. Data Protection and Privacy
11. Restricting Funds
12. Additional Terms
- EquiMarket Money Back Guarantee
- Correcting mistakes in payments to buyers and sellers
- Global Shipping Programme
- Delivery Options
13. Managed Payments
16. Legal Disputes
All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.
- You are entering into a contract with EquiMarket (UK) Limited, 22 Stancombe View, Winchcombe, Cheltenham, GL54 5LF
2. About EquiMarket
EquiMarket is a marketplace that allows users to offer, sell and buy just about anything related to equestrian lifestyle in a variety of pricing formats and locations.
EquiMarket does not have possession of anything listed or sold through EquiMarket, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. EquiMarket is not a traditional auctioneer.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. EquiMarket does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, EquiMarket has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Sellers must have a valid payment method on file with EquiMarket at all times. You authorise EquiMarket to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for EquiMarket fees, EquiMarket Money Back Guarantee reimbursements and postage labels. EquiMarket will notify you of these charges. If payments or amounts owed to EquiMarket cannot be completed through the payment method on file for any reason, you are still required to pay EquiMarket for all unpaid amounts and EquiMarket reserves the right to seek reimbursement through other means plus any additional costs incurred by EquiMarket in seeking reimbursement. You can change your payment method in My EquiMarket Account at any time.
3. Using EquiMarket
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an EquiMarket policy, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
- fail to deliver items sold by you, unless you have a valid reason as set out in an EquiMarket policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings systems
- transfer your EquiMarket account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific EquiMarket transaction on the EquiMarket site (which includes using this information to send marketing materials directly to EquiMarket users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm EquiMarket, or the interests or property of EquiMarket users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any EquiMarket application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights“) that belong to or are licensed to EquiMarket. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to EquiMarket or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
- commercialise any EquiMarket application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with EquiMarket as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on EquiMarket, you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel this User Agreement by visiting this Support Page. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to buy or sell outside of EquiMarket, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of EquiMarket, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the EquiMarket site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
4. Abusing EquiMarket
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
- we think that such restrictions will improve the security of the EquiMarket community or reduce our or another EquiMarket user’s exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
8% + 20p of every order sold through EquiMarket. This is automatically taken from the total amount of the sold item (including postage), it also includes the transaction costs via Stripe.
The cost broke down look like this:
For example, let’s say you sell an item for £100 (including postage).
- Stripe take 1.4% +20p for the transaction (£1.60)
- EquiMarket take 6.6% for the sale of the item (£6.60)
- Total that will land in your bank account = £91.80
If you ever need to refund a customer for whatever reason, we will give the customer the EquiMarket cut back. This means if you have to refund a customer for a product, you will only be charged the Stripe fee (1.4% + 20p).
EquiMarket and Stripe hold the rights to change their fee at any time for whatever reason.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all EquiMarket Services, even if sales terms are finalised or payment is made outside of EquiMarket. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the EquiMarket site, even if the item does not actually sell.
You are required to have a payment method on file when selling on EquiMarket. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
Seller fees don’t purchase exclusive rights to item exposure on EquiMarket whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
6. Listing Conditions
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy;
- your listing may not be immediately searchable by keyword or category for up to 24 hours. EquiMarket does not guarantee exact listing durations;
- when you create fixed-price listings, these will renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings will renew automatically once per calendar month until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date;
- you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the EquiMarket site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
- content that violates any of EquiMarket’s policies may be modified, obfuscated or deleted at EquiMarket’s discretion;
- we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyers’ location, search query, browsing site and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, EquiMarket policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer’s query
- to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
- some advanced listing upgrades may only be visible on certain EquiMarket Services;
- listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results, for example Promoted Listings;
- meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
- we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
- EquiMarket advertises the Services and provides other EquiMarket companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third party advertising placements;
- EquiMarket may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by EquiMarket or by any EquiMarket partners.
7. Purchase Conditions
When buying an item, you agree to comply with the rules for buyers and that:
- you are responsible for reading the full item listing before making a bid or commitment to buy;
- you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
- for motor vehicles and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer’s serious interest in the item;
- if you purchase an item on an EquiMarket site other than EquiMarket.co.uk you are subject to the User Agreement of that other EquiMarket site solely with respect to that particular purchase.
When buying from a seller you must abide by their Terms and Conditions, Shipping Policy, Refund Policy and any other policies they have in place (along with the EquiMarket T’s and C’s and policies). These can be found on the product listing and/or the sellers profile.
This said, if the seller does not have their own Terms and Conditions, Shipping Policy or Refund Policy then the buyer must follow the EquiMarket default conditions and policies as listed below:
Default Terms and Conditions are found in this document.
Default Shipping Policy:
“All products will be shipped as soon as possible from when the order is picked up by the buyer, and the delivery times and costs can vary depending on a wide variety of factors”.
Default Refund Policy:
“Products can not be refund for an dare sold as seen in the listing. This said, buyers have the ability to follow the EquiMarket Buyers Guarantee if they feel the item has been sold under false pretences, or is fraudulent in anyway”.
Default Warranty Policy:
“No item comes with a warranty unless stated otherwise at the time of purchasing”.
8. International buying, selling and translation
Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
Your items may be listed on one or more of EquiMarket’s international sites in addition to EquiMarket.co.uk. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage, you authorise EquiMarket, in its discretion, to display your listings on EquiMarket sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites.
When you sell your items internationally or purchase an item on an EquiMarket site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other EquiMarket site with respect to that particular purchase, as detailed in the International Selling Policy.
For sellers, you agree that we may display your listing for sale on an EquiMarket site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International Selling Policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an EquiMarket site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other EquiMarket site with respect to that particular sale, as detailed in the International Selling Policy.
You authorise us to use automated tools to translate your EquiMarket content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including EquiMarket users). You may use that content solely in your EquiMarket listings during the time your listings are on EquiMarket’s sites. That permission is subject to modification or revocation at any time at EquiMarket’s sole discretion.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that EquiMarket is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all EquiMarket policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name “EquiMarket” and other EquiMarket marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of EquiMarket in the UK and other countries. They may not be used unless expressly authorised by EquiMarket in writing.
10. Data protection and Privacy
- You and EquiMarket shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will EquiMarket and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
- You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
- You shall process personal data received from EquiMarket exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
- Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
- As part of the Services, EquiMarket has access to various information about users, including personal data. This includes information that users submit to EquiMarket as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
- Via My EquiMarket Account and, upon request, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate).
- EquiMarket only shares information about users with third parties if this is necessary for the provision of the Services or if EquiMarket is legally or contractually entitled to do so.
- Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your EquiMarket account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.
- For information regarding the processing of personal data by EquiMarket, including sharing such data with third parties and your rights as a data subject, please see our User Privacy Notice.
11. Restricting Funds
Where Stripe is managing your payments and you are not using managed payments (as defined in Section 13), to protect against the risk of liability, EquiMarket may recommend that Stripe restrict access to funds in a seller’s Stripe account based on certain factors. These factors include, but are not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in Stripe determining to restrict funds in your Stripe account.
12. Additional Terms
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, EquiMarket may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My EquiMarket. Where returns have been set to automatically accept requests, an EquiMarket-generated return postage label will be provided to your buyer. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, (and provided the transaction was not processed via managed payments), you authorise EquiMarket to request Stripe to reverse the refund amount (in the same or other currency) from your Stripe account, or alternatively place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
You authorise EquiMarket to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file, when:
- an EquiMarket-generated return postage label is used, and the seller is responsible for its cost;
- returns and refunds have been automated; and/or
- you fail to send your buyer a return postage label and instead an EquiMarket-generated label is used.
When a transaction is cancelled (and provided the transaction was not processed via managed payments), and you choose to refund the buyer via EquiMarket, you authorise EquiMarket to request Stripe to reverse the refund amount (in the same or other currency) from the seller’s Stripe account.
EquiMarket Money Back Guarantee
Most EquiMarket sales go smoothly, but if there’s a problem with a purchase, the EquiMarket Money Back Guarantee helps buyers and sellers communicate and resolve issues. The EquiMarket Money Back Guarantee policy is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
Under the EquiMarket Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or EquiMarket because a case is resolved in the buyer’s favour, we may:
- for transactions processed via managed payments, request the EquiMarket entity which processed the payment to reimburse the buyer on your behalf pursuant to the EquiMarket Money Back Guarantee policy. In the event that the funds held on the seller’s behalf are insufficient for refunding the buyer based on a successful EquiMarket Money Back Guarantee claim, the seller is obliged to reimburse us for the amounts owed to the buyer. The sellers authorise us to recoup these amounts from the seller on our behalf in accordance with EquiMarket’s policies and procedures (including any amounts resulting from International Transactions as stipulated in the EquiMarket Money Guarantee policy).
- for transactions which are not processed via managed payments, remove funds from the seller’s Stripe account to reimburse the buyer for the cost of the item, the original postage cost and, where applicable, the return postage cost, in accordance with the seller’s authorisation provided to us under this User Agreement; or where there are insufficient funds in the seller’s Stripe account, directly refund the buyer for the cost of the item, the original postage cost and, where applicable, the return postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller’s chosen payment method, or invoice the seller for the reimbursement amount.
Sellers must have a payment method on file with EquiMarket. Sellers may change this payment method by contacting EquiMarket. For this purpose, you, in the capacity of a seller authorise and instruct us to:
- where the transaction was processed via managed payments, collect or reverse variable amounts from your account to carry out a buyer reimbursement; or, where the transaction was not processed via managed payments, request Stripe to collect or reverse variable amounts from your Stripe account to carry out a buyer reimbursement in the transaction currency or in other currency holdings (representing payments related to eligible claims) where you do not have sufficient funds available in the transaction currency;
- where the transaction was not processed via managed payments, request Stripe to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your Stripe account at any point during the resolution process. (This may result in Stripe determining to restrict funds in your Stripe account in order to manage Stripe’s risk exposure pursuant to Stripe policies.
- charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the EquiMarket Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred payment method. If sellers do not provide EquiMarket with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the EquiMarket Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the EquiMarket Money Back Guarantee refund or reimbursement.
Global Shipping Programme
One of the ways that we may make EquiMarket.co.uk listings available to international buyers on EquiMarket.co.uk and on our international sites is through the Global Shipping Programme. For items that are located in the UK and that are purchased from you by an international buyer in a country eligible for the Global Shipping Programme, you will post the item to a shipping centre located in the UK. A third-party global technology and shipping provider will oversee the processing, customs clearance and international postage of the item to your buyer. For items that are purchased by international buyers through the Global Shipping Programme, buyers will pre-pay any applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping centre to delivery.
We may choose to make your listings available to international buyers through the Global Shipping Programme unless you opt out of the programme at either an account, country or listing level.
We may add certain delivery options to your listings in order to help improve buyer experience. For items that are eligible, we may choose to make EquiMarket Click & Collect available as a delivery option on your listings on EquiMarket.co.uk unless you opt out at either an account or listing level.
By not opting out, you acknowledge that you have read and agree to the Terms and conditions for Click & Collect and that these terms will apply to the relevant listings. Those terms include, among other important provisions:
- a description of the items that are ineligible and restrictions on the value, weights and dimensions of items that may qualify for EquiMarket Click & Collect as a delivery option; and
- consequences of an item being undeliverable or unidentifiable, including an authorisation from you to dispose of, sell or donate the item to charity.
13. Managed Payments
EquiMarket is launching a new managed payments service, where a designated EquiMarket entity (each, a “payments entity”) manages payments on behalf of sellers (such management described as “managed payments” or similar). EquiMarket anticipates moving seller accounts to managed payments in phases starting in late July 2020, providing notice to the affected sellers.
The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that is using managed payments:
- You may pay for such items using those payment methods that the payments entity makes available, and the payments entity will manage settlement to sellers. By completing purchases from sellers who use managed payments, buyers authorise the payments entity to initiate payments using the buyers’ selected payment method and collect the transaction amounts on behalf of sellers. Buyers agree and understand that payments received by the applicable payments entity from buyers satisfy buyers’ obligations to pay sellers in the number of payments received.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with EquiMarket’s internal risk controls or due to potential violations of any policy of EquiMarket or the payments entity, or a policy of one of the payments entity’s third-party payments services providers.
- EquiMarket, the payments entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on EquiMarket Services when you make a purchase, redeem a coupon, or make any other transaction on EquiMarket Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on EquiMarket Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My EquiMarket. You are responsible for maintaining the accuracy of information we have on file, and you consent to EquiMarket updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
- You may seek returns or cancellations on EquiMarket Services, or file EquiMarket Money Back Guarantee claims on EquiMarket Services, in the same manner as you do for transactions for which the payments entity does not manage payments. The payments entity refunds amounts paid for successful EquiMarket Money Back Guarantee claims and returned or cancelled transactions in cases where the original payment was managed by the payment’s entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees or actions.
We try to keep EquiMarket and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in EquiMarket’s Services may not occur in real time. Such functionality is subject to delays beyond EquiMarket’s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by EquiMarket;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any EquiMarket Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing EquiMarket section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. EquiMarket cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the EquiMarket Money Back Guarantee up to the price the item sold for on EquiMarket and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of EquiMarket’s Services or your breach of any law or the rights of a third party.
16. Legal Disputes
If a dispute arises between you and EquiMarket, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. EquiMarket Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and EquiMarket both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in EquiMarket user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the EquiMarket group (including, without limitation, in respect of any services provided by any member of the EquiMarket group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an EquiMarket credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of My EquiMarket or by posting the amended terms on www.EquiMarket.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an EquiMarket representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the EquiMarket site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. 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.
EquiMarket’s Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.
The User Agreement and all policies posted on our site are the entire agreement between you and EquiMarket and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to EquiMarket (UK) Limited, 22 Stancombe View, Winchcombe, Cheltenham, GL54 5LF, United Kingdom. We shall send notices to you by email to the email address you provide to EquiMarket during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.