Terms of Service

OVERVIEW

This website is operated by Buy Upcycled. Throughout the site, the terms “we”, “us” and “our” refer to Buy Upcycled. Buy Upcycled offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This agreement sets forth the legally binding terms and conditions for your use of the website at https://www.buyupcycled.com (the “site”) and all services provided by Buy Upcycled on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, information and other materials or services on the Site.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – BUY UPCYCLED IS A VENUE

Buy Upcycled acts as a venue to allow users, who comply with Buy Upcycled policies to offer, sell and buy certain goods with a fixed-price format. Buy Upcycled is not directly involved in the transactions between buyers and sellers. As a result, Buy Upcycled has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of the buyers to pay for items.

Buy Upcycled does not pre-screen users or the content or information provided by users. Buy Upcycled cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Buy Upcycled does not transfer legal ownership of items from the seller to the buyer.

Buy Upcycled cannot guarantee the true identity, age, and nationality of a user.

You agree that Buy Upcycled is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Buy Upcycled. You use the Buy Upcycled service at your own risk.

Buy Upcycled encourages you to communicate directly with a potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services provide additional verification.

SECTION 2 – MEMBERSHIP

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Buy Upcycled policies as stated in the Agreement and the Buy Upcycled policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Buy Upcycled, each of which is incorporated herein by reference and each of which may be updated by Buy Upcycled from time to time without notice to you: Pricing Policy, billing Policy, Privacy Policy, Copyright Policy

In addition Buy Upcycled may subject to additional terms and conditions promulgate some services offered through the Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this agreement by this reference.

Age: Buy Upcycled services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Buy Upcycled may, in its sole discretion, refuse to offer access to or use the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Buy Upcycled services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Buy Upcycled of any unauthorised use of your password or any breach of security. You also agree that Buy Upcycled cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Buy Upcycled with Buy Upcycled express written permission.

Account information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Buy Upcycled you must provide and maintain valid payment information such as a valid PayPal account.

Account Transfer: You may not transfer or sell your Buy Upcycled account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement.

Right to Refuse Service: Buy Upcycled services are not available to temporarily or indefinitely suspend Buy Upcycled members. Buy Upcycled reserves the right, in Buy Upcycled sole discretion, to cancel unconfirmed or inactive accounts. Buy Upcycled reserves the right to refuse service to anyone, for any reason, at any time.

Termination of Service: If the user wishes to terminate their package, notice should be given via email or in writing before the end of the month. A breach or violation of any of the Terms will result in an immediate termination of your Services.

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 3 – LISTING & SELLING:

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Buy Upcycled’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Buy Upcycled shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Buy Upcycled shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Buy Upcycled site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Buy Upcycled reserves the right to request that a seller modify a shop policy.

See Buy Upcycled’s Returns Policy

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Buy Upcycled transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Fees and Billing: You are responsible for paying all fees and applicable taxes associated with using Buy Upcycled.

Prohibited, Questionable and Infringing Items and Activities:

You are solely responsible for your conduct and activities on and regarding to Buy Upcycled and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (together, “Content”) that you submit, post, and display on Buy Upcycled.

Restricted Activities: Your Content and your use of Buy Upcycled shall not:

  1. be false, inaccurate or misleading
  2. be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Buy Upcycled Copyright Policy).
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Must not contain items that have been identified as hazardous to consumers
  6. Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Buy Upcycled staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Contain obscene materials or content. Buy Upcycled will notify of obscene material and information details of its source to external law and policing agencies.
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Modify, adapt or hack Buy Upcycled or modify any other website so as to falsely imply that it is associated with Buy Upcycled;
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Buy Upcycled.

Furthermore, you must not list any item on Buy Upcycled (or conclude any transaction that was initiated using Buy Upcycled service) that, by paying Buy Upcycled the listing fee or final value fee, could cause Buy Upcycled to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

SECTION 4 – CONTENT:

License: Buy Upcycled does not claim ownership rights to your Content. You grant Buy Upcycled a license solely to enable Buy Upcycled to use any information or Content you supply Buy Upcycled with, so that Buy Upcycled is not violating any rights you might in that Content. You grant Buy Upcycled a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Buy Upcycled to store or re-format your Content on Buy Upcycled and display your Content on Buy Upcycled in any way as Buy Upcycled chooses. Buy Upcycled will only use personal information in accordance with Buy Upcycled’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Buy Upcycled user. Without obtaining prior permission for Buy Upcycled related communications, Buy Upcycled has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Buy Upcycled user to your email or physical mail list. For more information, see Buy Upcycled Privacy Policy.

Information Control:

Buy Upcycled does not control the Content provided by users that is made available on Buy Upcycled. You may find some Content offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Buy Upcycled, you agree to accept such risks and that Buy Upcycled (and Buy Upcycled officers, directors, agents, subsidiaries, joint ventures and employees) it not responsible for any and all acts or omissions of users on Buy Upcycled. Please use caution, common sense, and practice safe buying and selling when using Buy Upcycled.

Interactions with Other Users: Users are solely responsible for interactions with others. Users understand that Buy Upcycled does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

SECTION 5 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Re-posting Content: By posting Content on Buy Upcycled, it is possible for an outside website or a third party to re-post that Content. You agree to hold Buy Upcycled harmless for any dispute concerning this use. If you choose to display your own Buy Upcycled hosted image on another website, the image must provide a link back to its listing page on Buy Upcycled.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9 – RESOLUTION OF DISPUTES & RELEASE:

In the event of a dispute arises between you and Buy Upcycled, please contact Buy Upcycled.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release Buy Upcycled (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Buy Upcycled, for the benefit of users, may try to help users resolve disputes. Buy Upcycled does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Buy Upcycled attempts to resolve a dispute it will do so in good faith based solely on its policies. Buy Upcycled will not make judgments regarding legal issues or claims and PayPal will ultimately determine all disputes related to transactions.

Buy Upcycled Intellectual Property:

Buy Upcycled, and other Buy Upcycled graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Buy Upcycled Group plc and its subsidiaries. Buy Upcycled trademarks and trade dress may not be used, including as part of trademarks and/or part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach:

Without limiting any other remedies, Buy Upcycled may, without notice, and without refunding any fees, delay or immediately remove Content, warn Buy Upcycled community of a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Buy Upcycled suspects a user has breached this Agreement, the Privacy Policy, The Dos & Don’ts of Buy Upcycled, or other policy documents and community guidelines incorporated herein. Buy Upcycled is unable to verify or authenticate any of your personal information or Content. Buy Upcycled believes that a user is acting inconsistently with the letter or spirit of Buy Upcycled policies, has engaged in improper or fraudulent activity in connection with Buy Upcycled or the actions may cause legal liability or financial loss to Buy Upcycled users or to Buy Upcycled.

Privacy

Except as provided in Buy Upcycled’s Privacy Policy, Buy Upcycled will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

See Buy Upcycled Privacy Policy

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATION OF LIABILITY

In no event shall Buy Upcycled, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Buy Upcycled services, or this agreement, including without limitation, lost profits bodily injury, emotional distress, or any special, incidental or consequential damages.

Buy Upcycled liability, and (as applicable) the liability of Buy Upcycled officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to Buy Upcycled in the 12 months prior to the action giving rise to liability, and (b) £100.

NO WARRANTY

Buy Upcycled, officers, directors, employees, and suppliers provide Buy Upcycled’s web site and services “as is” and without any warranty or condition, express, implied or statutory. Buy Upcycled, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Buy Upcycled shall create any warranty.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Buy Upcycled and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be modified to reflect the parties’ intention. Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

NO GUARANTEE

Buy Upcycled does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Buy Upcycled control.

NO AGENCY

You and Buy Upcycled are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

LEGAL COMPLIANCE; TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Buy Upcycled service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

BUY UPCYCLED SERVICE

Buy Upcycled reserves the right to modify or terminate the Buy Upcycled service for any reason, without notice, at anytime.

CHOICE OF LAW

This agreement shall in all respects be interpreted and governed by the laws of England.

SURVIVAL

Sections – Buy Upcycled Is A Venue, Membership Eligibility, Fees And Billing, Listing and Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, Buy Upcycled Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, Buy Upcycled Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by post to Buy Upcycled, 20 Hardings Lane, London, SE20 7JJ (in the case of Buy Upcycled) or, in your case, to the email address you provide to Buy Upcycled (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Buy Upcycled may give you notice by post to the address provided to Buy Upcycled. In such case, notice shall be deemed given three days after the date of posting.

DISCLOSURES

The services hereunder are offered by Buy Upcycled, located at 20 Hardings Lane, London, SE20 7JJ.

SECTION 14 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 15 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@buyupcycled.com