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Terms And Conditions

The following set out SugarWeb's standard terms of business for all commercial transactions conducted from this Website, govern the use by all registered users in whatever capacity of this Website and the Transactions conducted on it. Please read them; if you do not agree with them, do not register or use the Website. If you register to use the Website or make use of the services, you will be deemed to have accepted the Terms:

By registering to use the Website you:

·     confirm that you are legally able to enter into contracts to buy the goods and services featured on the Website. For an individual, this means that you must be at least 18 years old

·     undertake to register on the Website using your correct name and address and any other requested details, including credit/debit card or banking details

·     confirm that you are entitled to use such credit/debit card or bank account, both at the time of registration and at the time of any subsequent use on the Website, and that sufficient funds are available on such card or account to cover all charges incurred on it in the course of any commercial transaction on the Website

·     confirm that you accept the SugarWeb commission rates and charges, current charges are available on request and can be found in the Members section of the website.

·     agree to notify us with any updates to any of the information you supply, as soon as it changes

We provide the Website on an "as is" basis. We make no representations or warranties of any kind with respect to the Website or its contents. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and materials published on the Website. Any liability, however it occurs, for any inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

1. FAQs

A full explanation of how to buy and sell goods and services on the Website (including how to list and remove listings of items, our charges and commission rates, and the user rating system) can be viewed in the FAQs section. Please ensure that you are familiar with this information before listing, bidding for or buying any item on the Website.

2. Goods and services offered by retailers or trade suppliers

Where goods or services are offered on the Website by retailers or trade suppliers, you should check with the relevant retailer or supplier what terms and conditions apply to the offer before purchasing any goods or services.

3. Selling goods or services on the Website

3.1 If you offer goods or services on the Website, you warrant that all descriptions of goods or services listed by you on the Website are complete, accurate and true to the best of your knowledge and belief, and that you will not knowingly mislead prospective Buyers in any way.

3.1.1 In the description of your goods or within any other position on the website which can be viewed by the general public, you undertake not to provide your website address, e-mail address, land address, phone number nor any other contact details which would allow other users of the website to contact you directly. We reserve the right to delete without any prior warning any lots which breach this rule.

3.2 You warrant that you are the lawful owner of any goods you offer for sale on the Website and that you are entitled to offer such goods for sale.

3.3 You authorize us to verify any information provided by you to us using our verification procedures.

3.4 You authorize us to disclose your contact details to the Seller upon closure of any trade or to any Buyer who has agreed the asking price in a transaction. We will notify you of the Buyer's contact details at such time.

3.5 You agree to pay and you authorize us to charge to your card account or bank account and to receive from you our commission (payable at the rates notified to you on the Website) upon closure of any Trade where the price (if any) has been met or where any Buyer has agreed the asking price. The commission is payable by you upon closure of any Trade where the reserve price (if any) has been met or exceeded upon agreement by any Buyer to the asking price regardless of whether the transaction is ultimately completed.

3.6 Unless otherwise specified, the price quoted will be deemed to include the shipping cost and the Seller agrees at the Seller's cost to ship the goods to the Buyer anywhere specified. Any restrictions on your ability to deliver the relevant goods must be made clear in the relevant listing.

3.7 Subject to the reserve price (if any) being met, you agree to accept the highest bid on closure of any Trade, or each next-highest bid in the event the highest bidder fails to complete the transaction.

3.8 You agree to dispatch the goods to the Buyer as soon as possible after the Buyer's bid or order is accepted and in any event within the time limits specified on the order being confirmed to you or by us following closure of any Trade or where the buyer has agreed the asking price.

3.9 The Buyer will become the owner of the goods on delivery of the goods to the Buyer. Until the buyer becomes the owner of the goods, they will be held at the Seller's risk.

3.10 We do not guarantee that items listed by you will be sold.

3.11 We do not authenticate the Buyer's ability to pay for the relevant goods or services. If a Buyer reneges on a transaction for any reason, he/she is liable for a commission charge of 10% which will be automatically debited from the his/her account. This commission amount will then be passed on to the Seller of the item. The Buyer's SugarWeb account will be suspended and he / she will be barred from buying or selling on the SugarWeb site in future. Similarly, if the seller has an item for sale on SugarWeb which has met its sale conditions but which transpires not to be available for sale at the end of the trade, or if its description has changed materially during the course of the trade, SugarWeb reserves the right to retain the commission charge which, depending on the circumstances surrounding the sale, may be passed on to the highest bidder or retained by SugarWeb.

4. Buying goods or services on the Website

4.1 We act as a venue for Sellers to offer goods and/or services to our users. However, we are not a party to the actual transaction between you and any Seller. All such transactions are made between you and the Seller.

4.2 You authorize us to verify any information provided by you to us using our verification procedures.

4.3 You authorize us to disclose your contact details to the Seller where you are the highest bidder or reserve bidder at closure of any Trade or where you have agreed the asking price in an Instant Buy transaction. We will notify you of the Seller's contact details at such time.

4.4 You agree to pay to the Seller the price payable for the relevant goods or services, which price will be payable by you where you are highest bidder or reserve bidder at closure of any Trade or where you have agreed the asking price.

4.5 Unless otherwise specified in the lot listing:

4.5.1 the price quoted on the Website is inclusive of shipping;

4.5.2 the Seller will be responsible for arranging delivery of the goods or to an agreed collection point.

4.6 The price payable for the relevant goods or services will be confirmed in the confirmation e-mail sent to you by us following closure of any Trade or where you have agreed the asking price.

4.7 You will become the owner of the goods on delivery of the goods to you. Once goods have been delivered to you they will be held at your own risk and the Seller will not be liable for any subsequent loss or destruction.

4.8 Descriptions of goods and services are provided by the Seller. We have no responsibility for any inaccuracies, misleading statements or other incorrect information contained in such descriptions. We reserve the right to cancel, edit or withdraw listings or offers of goods and/or services where we have compelling legal, technical or commercial reasons for so doing or otherwise in our sole discretion. We do not pre-screen the listed goods and services but reserve the right to remove any that do not meet our standards or comply with any applicable legislation, licence or code of conduct. We have no control over the quality of the goods and/or services offered by any Seller.

4.9 If you use a public computer we suggest you remember to sign out when you have finished any trade.

5. Price and Payment for goods and services

5.1 Unless otherwise stated, the prices of all goods and services shown on the Website will be deemed not to be inclusive of  local taxes. We do not provide VAT or tax invoices for Trades nor act as the Seller's agent for VAT or tax purposes.

5.2 Seller and Buyer are themselves responsible for arranging payment for any goods or services and we shall have no responsibility in relation to the transaction other than to notify the Buyer and Seller at the relevant time of each other's contact details and of the agreed price.

5.3 Prices are in pounds sterling (GBP), American dollars (US$), or Euros (€)  and amounts due are payable in those currencies unless otherwise and specifically agreed by the parties. We may from time to time provide conversions into other currencies based on the latest information available to us. While we make reasonable efforts to ensure the accuracy of these conversions, the actual cost to you in your own currency will vary according to the exchange rate received by you at the time of settlement of the transaction. We take no responsibility for any variance between the conversion figure shown on the Website and that paid by you to the Seller in the transaction.

8. Trade Terms

8.1 For a full explanation of how Trades are conducted on the Website please see our FAQs.

8.2 Listings may be offered subject to a Seller's reserve. Subject to reaching the notified reserve price, we (acting as agent for and on behalf of the Seller) may accept a bid placed by you or any person authorized to use your account where that bid is placed before the date and time stipulated for the close of the Trade.

8.3 A bid placed during an Trade is an indication of the price which you are/the authorized person is offering and prepared to pay to acquire the goods or services which are the subject of that Trade.

8.4 Assuming satisfaction of the rest of these Terms, if your bid is the highest when the time for bids to be submitted ends, we (acting as agent for and on behalf of the Seller) will contact you to confirm the acceptance of your offer, and that a binding agreement between you and the Seller has come into existence.

8.5 The winning bid in any Trade will be the highest bid which exceeds any reserve and meets any other express conditions of the relevant Trade. All Buyers and Sellers are required to abide by this principle. If you make a bid that is followed by a higher bid or bids by another user or users, which is/are later removed by us for any reason, the Seller is obliged to accept the highest bid which has not been removed, and the Buyer is obliged to honour such bid. For the avoidance of doubt, all unsuccessful bids will lapse after closure of the relevant Trade and once the payment details have been verified and confirmation obtained that payment has been made.

8.7 From time to time we may hold Trades in which we are the supplier of the goods or services being Traded. We will make it clear on the Website if that is the case. Only in such Trades we shall be the Seller. In any such Trade where we are acting as Seller, we reserve the rights and accept the obligations and liabilities of the Seller as set out in these Terms. In the event that where we act as Seller a conflict arises under these Terms, these Terms shall be interpreted so that our position is that of Seller in the Trade and in such circumstances this interpretation shall take precedence over all other interpretations of these Terms.

8.8 We reserve the right to close Trades early, to extend Trades, to cancel or withdraw listings or to terminate the entire service of providing Trades, where we have compelling legal or technical reasons for so doing (including without limitation technical difficulties experienced by us or on the Internet) or otherwise in our sole discretion. Where practicable, we shall try to provide reasonable advance notice to you of any such steps we take. We will use our reasonable endeavors to process bids which are placed, but we do not guarantee that any individual bid will be processed. We are not bound contractually or otherwise required to offer any of the Trades.

8.9 You must not:

8.9.1 bid for goods which you are selling; or

8.9.2 otherwise bid in a way that is manipulative of a Trade.

8.10 We may in our absolute discretion refuse or remove bids or remove from sale or re-offer for sale listings where there is a dispute, which are withdrawn by the Seller, or which fail to attract bids above the reserve.

8.11 We reserve the right to suspend or terminate any Trade if you and/or the Seller appear to us, in our sole opinion, to be in breach of any of the provisions of these Terms. If you are suspended from a Trade or your account terminated you cannot re-register for the Trades without our prior written consent.

9. Conditions of your use of this Website

9.1 The contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.

9.2 You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, "caching" any material on this Website for access by third parties and/or "mirroring" any material on this Website.

9.3 You may print or download the contents of an individual page for private and personal non-commercial use only, but you may not make more than one copy electronically or otherwise of any of the contents.

9.4 The copyright in the contents of all the pages in this Website are owned by or licensed to us, unless otherwise specified.

9.5 The authors of the literary and artistic works in the pages in this Website have asserted their moral right under Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works, unless otherwise specified.

10. Exclusion of SugarWeb's liability

10.1 All Trades on the Website are hosted by SugarWeb but any contractual agreement in relation to such Trades or transactions are between the Buyer and the Seller. Any terms, conditions, warranties or representations made or given before during or after an Trade or Instant Buy transaction are solely between the Buyer and the Seller.

10.2 Because we are not a party to the actual transaction between the Buyer and the Seller, in the event that you are involved in a dispute with any Buyer or Seller, you release us and our directors, officers, subsidiaries, agents and employees from any and all claims, demands and damages of whatsoever nature arising out of or in any way connected with any such dispute.

10.3 We are not liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Terms or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention, through your use of this Website, or participation in any Trade or Instant Buy transaction.

10.4 Without prejudice to the foregoing, our liability under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) five hundred pounds (£500), or (b) an amount equal to the sums paid or payable by you in respect of any goods and/or services purchased from any Buyer or Seller to which such liability relates, regardless of the cause or form of action.

10.5 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or through you account.

10.6 The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

10.7 We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

10.8 The Website contains material submitted and created by Sellers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material. The Website may also contains links to other websites which are not under the control of and are not maintained by us. We are not responsible for the content of those websites. We provide these links for your convenience only but do not necessarily monitor or endorse the material on these websites.

10.9 We shall not be liable for any failure to perform any of our obligations under these Terms caused by matters beyond our reasonable control.

10.10 Nothing in these Terms is intended to limit any rights the Buyer might have as a consumer under applicable law that may not be excluded, or to limit our liability for death or personal injury resulting from our negligence.

11. Data Protection and Privacy

11.1 All personal data relating to you collected by us from which we can identify you will be recorded electronically and only used in accordance with the Data Protection Act 1998.

11.2 In completing the registration you will give us data about you which we will use for monitoring the operation of the Website, processing orders, administration and future changes to the site to improve the service provided, as well as marketing, advertising and promotional purposes. From time to time we may want to share this data with other reputable companies both within and outside the European Economic Area who may use your data for similar purposes. By registering you agree to the use of the data for these purposes. If you do not consent to the use of your data for these purposes please send an e-mail to info@SugarWeb.co.uk and insert "Do not use my data" in the subject line.

11.3 From time to time we may need to collect data of a sensitive personal nature and in such cases, before the data is collected you will be told that we intend to collect such data and how the data will be used. Before we collect this data you will have the opportunity to consent or withhold your consent to such collection if you wish.

11.4 You have the right to ask us for a copy of the information we hold on you for which we may charge a small fee, and to correct any inaccuracies.

12. Assignment

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within five (5) Working Days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.

13. Entire Agreement

These Terms contain the entire agreement and understanding between the parties relating to the subject matter of these Terms, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. Nothing said by any sales person on behalf of any Seller should be understood as a variation of these Terms

14. No Partnership

Nothing in these terms and conditions shall be construed as constituting a legal partnership or joint venture between you and us.

15. Variation

We reserve the right to change these Terms from time to time, and to post the new Terms on the Website. The new Terms will take effect, and will govern all Trades, and other activity on or through the Website and/or your relationship with us, commencing one (1) week after the date of such posting (or such later date as we indicate in such posting). If you do not wish to be governed by the new Terms, you may notify us within the above period of one (1) week, and from the date when the new version takes effect you must cease to use the Website.

16. Conflict

In the event of conflict or inconsistency between the terms of the English version of these Terms and any translation provided by us the English version shall prevail.

17. Severability

In the event that any term of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.

18. Governing Law

Use of this Website and these Terms is subject to the laws of England and Wales which shall exclusively govern their interpretation, application and effect.

19. Jurisdiction

The Courts of England and Wales shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use and these Terms.

20. Interpretation

In these terms and conditions:-