[accordion title=”Individual Marketplace Terms of Service”] [accordion-item title=”1. Introduction”]
1.1 Welcome to the Bargains Finder platform (the ‘Site’). We’ll refer to our website and other services as our “Services”, and Bargains Finder will be addressed individually or collectively as “Bargains Finder“, “we”, “us”, or “our”. Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you’ll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services. Bargains Finder is a trading name of Winchester Group Ltd whose registered address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
1.2 This document and any documents referred to within it will collectively make up the ‘Terms of Service’.
1.3 Our “Services” include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be “Your Content”. Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our services include an online platform service that provides a place and opportunity for the sale of goods or services between the buyer (“Buyer”) and the seller (“Seller”), collectively known as “Users” or “Parties”. The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Bargains Finder Site or Service or to allow you to open an Account for any reason.
[/accordion-item] [accordion-item title=”2. Privacy”]
2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
[/accordion-item] [accordion-item title=”3. Your Account”]
3.1 You’ll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person’s name on the account will be ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 As we’ve mentioned above, you’re solely responsible for any activity on your account, so remember to keep your login and password secure.
[/accordion-item] [accordion-item title=”4. Limited License”]
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Bargains Finder and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
[/accordion-item] [accordion-item title=”5. Your Content”]
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
[/accordion-item] [accordion-item title=”6. Your Use of Our Services”]
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us by sending an email to firstname.lastname@example.org
[/accordion-item] [accordion-item title=”7. Purchase and Payment”]
7.1 Currently we only support Card payments. These payments are processed through third-party payment channels may vary depending on the jurisdiction you are in.
7.2 All sales on the platform are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner.
[/accordion-item] [accordion-item title=”8. Seller Commission”]
8.1 The seller of any item/service will pay us a commission on the total transaction amount received by the seller (including taxes, if any and shipping costs for any of the transactions made on our Site.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your buyer’s location. All payment processing fees will not be included in seller commission that we charge. Currently for all payment processing the fee stands at 2% + £1.00 administration fee.
8.4 You can receive funds either via bank transfer or Stripe. It is your responsibility to ensure that the details registered for payments are correct. we will not assume responsibility if your commission is paid in another account because of your error.
[/accordion-item] [accordion-item title=”9. Seller’s Responsibilities”]
9.1 Sellers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of items/services for sale are determined by the Seller at his/her own discretion. The price of an item and shipping charges will include the any additional charges such as sales tax, value-added tax, tariffs etc. Sellers will not charge Buyer such amounts additionally and separately.
9.3 Sellers are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.
9.4 Sellers will issue additional receipts, credit card slips or tax invoices to Buyer on request.
[/accordion-item] [accordion-item title=”Accordion Item 1 Title”] [/accordion-item] [accordion-item title=”10. Disputes with Other Users”]
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Buyer or a Seller of an item/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Buyer
10.4.1 You may raise two types of disputes, one where the ‘item is not delivered’ and the seller is not responding to any of your attempts to communicate. The second type of dispute is where the ‘item is significantly not as described’.
10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any charge-back options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a charge-back with your card provider, we will close your report.
10.4.3 If you have receives a refund/exchange from the seller, you may not report that transaction.
10.4.4 If the ‘item is not delivered’ we will ask the seller to provide proof of shipping and delivery that can be tracked online. If the seller fails to do so, we will resolve the dispute in you favour.
10.4.5 If the ‘item is significantly not as described’, and both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the seller as well as any documentation provided. All decisions made by us are final.
10.5 Disputes as a Seller
10.5.1 As a seller, we encourage you to communicate actively with your buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes.
10.5.2 For ‘items that are not delivered’ we will contact you to request for proof of shipping. The documentation must clearly show that you have shipped the item to the buyer’s address as reflected on the sales receipt. The documentation must be able to be tracked online showing the date the item was sent and the official acceptance of the item by the shipping company and the status update that the item was delivered (buyer’s acceptance). This is the only evidence that we will accept as proof of delivery. If proof of delivery cannot be provided then we may resolve the dispute in favour of the buyer.
10.5.3 For ‘items not as described’ disputes, we will be reviewing the item description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the buyer as well as any documentation provided. All decisions made by us are final.
10.5.4 If the buyer attempts to pursue any charge-back options, we will close the dispute in order to prevent double recovery.
[/accordion-item] [accordion-item title=”11. Disputes with Us”]
11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
11.1.1 Governing Law: England and Wales. The Bargains Finder‘s local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitration and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
[/accordion-item] [accordion-item title=”Accordion Item 3 Title”] [/accordion-item] [accordion-item title=”12. Changes to the Terms”]
12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
12.2 We may revise the Terms of Service but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
[/accordion-item] [accordion-item title=”13. Prohibited Items/ Services”]
Bargains Finder is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.
It is the Seller’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws of England and Wales. For Seller’s convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.
If an item/service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action
The following types of items are prohibited:
- Drugs and drug paraphernalia
- Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
iii. Live animals and insects
- Items made or derived from animals, including, but not limited to, endangered species and exotic animals
- Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
- Human beings, human remains, body parts and items made from human remains, except for hair
vii. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
viii. Items or listings that promote, support or seek to engage users in illegal activity
- Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
- Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
- Counterfeit items
xii. Unauthorized resale of tickets
xiii. Stolen or Illegal goods
xiv. Illegal services not limited to prostitution
- Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
xvi. Used undergarments and intimate items
xvii. Recalled items or items that present unreasonable risk of harm
xviii. Mislabeled goods
And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
[/accordion-item] [accordion-item title=”14. Contact, feedback and complaints”]
If you need to contact us please send an email to email@example.com. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
[/accordion-item] [accordion-item title=”2. Information collected or received”]
2.1 To use Bargains Finder to transact, you will need to provide us with a valid email address. Depending on the services you choose, we may collect additional information, for example: If you are a seller, we will collect additional information such as payment information, contact number and an address. Please note that for security and performance reasons, such content may need to be accessed by internal personnel from time to time.
2.2 Your username is publicly displayed. Other people may see the date you joined; ratings, reviews and related photos for items you are selling or have sold; your profile information; items you listed for sale; your shop pages.
2.3 We use technologies such as cookies, clear gifs, log files and flash cookies for several purposes, including to help understand how you interact with our site and services, in order to provide a better experience. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the address of a referring web site (if any), and the pages you visit on our website and mobile applications and the times of visit.
2.4 We automatically receive and record information (for example: an email address or IP address, cookies, and data) about a person who is not yet registered in connection with certain features.
2.5 We may contact individual shop owners to confidentially request more information about their shops or items listed on the Site, or to ensure compliance with our rules and applicable law.
2.6 When you connect to us or register an account using external third-party applications or services, such as Facebook, using an application programming interface (API), you will be granting us permission to receive information from these third-party applications. You can also choose to share some of your activity to certain social media networks which are connected to your account.
[/accordion-item] [accordion-item title=”3. Uses and Sharing”]
3.2 We generally use the information to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting. For example, we could use your feedback to improve our services; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyse information about our marketplace.
3.3 As part of the buying and selling process, we will facilitate the sharing of information between the two users involved in the transaction, such as the other buyer’s email address, shipping address, and payment information. By making a sale or a purchase on Bargains Finder you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you received. Your ability to use this information extend to all marketplace related communication or for any transaction related communications. You have not been granted the ability to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any user to your email or physical mailing list or misuse any user’s personal information.
3.4 We may use your information to contact you. Primarily, these messages are delivered by email and every account is required to keep a valid email address on file to receive messages. We may contact you by telephone to provide support or for transaction related purposes.
3.5 Some messages from us are service-related and required for users. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with the site. You may not opt out of receiving service-related messages from us, unless you close your account.
3.6 We may release your personal information to a third party in the following circumstances: to protect, establish, or exercise our legal rights or defend against legal claims or we that such disclosure is necessary to comply with the law, such as investigations into illegal activities.
3.7 We may share demographic information with business partners, but it will always be aggregated and anonymised, so personally-identifiable information is not revealed.
[/accordion-item] [accordion-item title=”4. Community”]
4.1 We are both a marketplace and a community. We offer several feature that allow users to communicate in public such as reviews or private means such as contacting the seller. Please use common sense and good judgment when posting or sharing your personal information with others. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. You are responsible for the personal information you choose to post.
[/accordion-item] [accordion-item title=”5. Security”]
5.1 The security of your personal information is important to us. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our services.
5.2 We encrypt sensitive information (such as credit card numbers) using secure socket layer technology (SSL) which is then handled by our payment processing partners. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your payment information is safe even from us.
5.3 Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security.
[/accordion-item] [accordion-item title=”6. Data Retention”]
6.1 We will retain your information only for as long as is necessary s needed to provide you services. If you no longer want us to use your information to provide you services, you may close your account. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
[/accordion-item] [accordion-item title=”7. Changing Data”]
7.1 As a user, you can access, correct, change, and delete certain personal information associated with your account by visiting your account settings.
[/accordion-item] [/accordion] [accordion title=”Returns and Refund Policy”] [accordion-item title=”1. Application for Returns/Refunds”]
1.1 Subject to the terms and conditions in this Refund and Return Policy and the Terms of Service, Buyer may apply for return of the purchased items (“Item”) and/or refund for an item purchased on Bargains Finder.
1.2 Before you apply for a return/refund with us, we encourage you to contact the other party and try to resolve the dispute amicably.
1.3 As a Buyer, you may apply for a refund/return in 2 cases. One, where the ‘item is not delivered’. Two, where the ‘item is significantly not as described’.
1.3.1 ‘Item is not delivered’ is when the buyer has not received the item within a reasonable time frame.
1.3.2 ‘Item is significantly not as described’ is defined when the Seller has delivered an Item that does not match the agreed specification (e.g. wrong size, color, etc.) to Buyer. Or, The Item delivered to Buyer is materially different from the description provided by Seller in the listing of the Item.
1.3.3 If the item has been damaged during shipping, please contact your seller to raise this issue with the shipping company.
1.4 Buyer may not apply for the return of the Item and/or refund due to a change of mind.
[/accordion-item] [accordion-item title=”2. Disputes”]
2.1 As a Buyer
2.1.1 You may pursue a report about a transaction or contact your card provider to pursue any charge-back options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a charge-back with your card provider, we will close your report.
2.1.2 If you have receives a refund/exchange from the seller, you may not report that transaction.
2.1.3 If the ‘item is not delivered’ we will ask the seller to provide proof of shipping and delivery that can be tracked online. If the seller fails to do so, we will resolve the dispute in you favor.
2.1.4 If the ‘item is significantly not as described’, and both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the seller as well as any documentation provided. All decisions made by us are final.
2.2 Disputes as a Seller
2.2.1 As a seller, we encourage you to communicate actively with your buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes.
2.2.2 For ‘items that are not delivered’ we will contact you to request for proof of shipping. The documentation must clearly show that you have shipped the item to the buyer’s address as reflected on the sales receipt. The documentation must be able to be tracked online showing the date the item was sent and the official acceptance of the item by the shipping company and the status update that the item was delivered (buyer’s acceptance). This is the only evidence that we will accept as proof of delivery. If proof of delivery cannot be provided then we may resolve the dispute in favor of the buyer.
2.2.3 For ‘items not as described’ disputes, we will be reviewing the item description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the buyer as well as any documentation provided. All decisions made by us are final.
2.2.4 If the buyer attempts to pursue any charge-back options, we will close the dispute in order to prevent double recovery.
[/accordion-item] [accordion-item title=”3. Returns”]
3.1 When returning the Item, Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must be returned to Seller in the condition received by Buyer on delivery. We will recommend Buyer to take a photo of the Item upon receipt.
3.2 The cost of returning the item will be mutually agreed on between the Buyer and Seller.
[/accordion-item] [accordion-item title=”4. Refunds”]
4.1 We will do our best to facilitate the refund from the Seller. If the Seller refuses to comply or has taken an unreasonable amount of time (more than 2 weeks) to do the refund, we encourage our Buyers to employ the charge-back option with your bank or credit card provider.