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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
Acceptance Of Terms & Conditions
The Auction Site (‘Website’) and any of the Services (‘Services’) listed at www.ibidexpress.com are provided by Warehouse Express Limited (‘Warehouse Express’, ‘we’, ‘us’). The following are Terms & Conditions (‘Terms’) of a legal agreement between you and Warehouse Express and are applicable to your use of our services available under the domain and sub-domains above. You are requested to read these Terms of use before using the Auction Site and / or its Services since using these Services constitutes your acceptance of these Terms. If you do not agree to these Terms of use, you should leave the Auction Site and discontinue use of the Services immediately.
Warehouse Express reserves the right to amend the Terms at any time by displaying amended Terms on the Website. You will have been deemed to have agreed to the amended Terms when you next use this Website following any amendment. Your continued use of the Auction Site and / or the Services following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore you should frequently review the Terms and applicable policies from time-to-time so as to understand the Terms & Conditions. The Fees Page and Privacy Policy are part of the Terms of use of this Website and we strongly recommend that these are accessed and read since they contain further Terms & Conditions that apply to you as a user.
Warehouse Express in its sole discretion shall determine your compliance with the Terms set out herein. Moreover we shall have the right to suspend or terminate your account from the Auction Site and / or to delete from the Website without prior notice to you any material that is deemed not to comply or is deemed to be objectionable or inappropriate for whatever reason. We may also at any time, at our sole discretion, discontinue the provision of some or all of the Services without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to any or all of the Services.
The Services
The purpose of the Website is to offer a venue and basis for person to person trading of goods.
As such it does not take possession of any goods offered on the auction listings. In no circumstances will Warehouse Express ever use the Website as a vehicle by which to dispose or clear its own stock listed on www.warehouseexpress.com. Explicitly this includes but is not limited to ‘Promotional Items’, ‘Clearance stock’, ‘Mail Order Returns’ or ‘Bargain Basement’ items. Nor will any employees or affiliated companies ever participate in the auction site.
Warehouse Express does not get involved in transactions between buyers and sellers and does not review all of the items listed on the Website. Therefore we do not control the legality, safety, quality or claims made of goods offered for sale by our members. No association between the goods offered and the Website can be made and no validity or legality can be assumed simply because an item or service is listed on the Website. Warehouse Express is not an auctioneer. As a venue we do not take any responsibility for the completion of any transactions that take place within the site listings. All responsibility is held by the member to act legally and lawfully.
Membership Eligibity
Our Services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use our Services only in conjunction with and under the supervision of a parent or guardian. If you do not qualify please do not use our Services.
If you register as a business entity, you represent that you have the authority to bind that entity to these Terms.
Participation in the site is available to residents of the UK and Europe. If in any doubt as to your eligibility to participate in the Website then send an email to the following address: enquiries@ibidexpress.com
To ascertain an individual’s eligibility to participate Warehouse Express will ask at the point of registration for address details and date of birth. Warehouse Express reserves the right to refer to its own records.
Employees and those contracted to work for Warehouse Express Limited are strictly forbidden under the company Internet and Email Policy from participating in any way in the Auction Site. Excluded from this are those appointed individuals who administer the workings of the Website from a technical point of view and those that are appointed by the company to review the site and remove objectionable / inappropriate material.
User Account, Password and Security
If a particular Service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
In no event will Warehouse Express be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and / or password. You may not use another person’s account, transfer or sell your own account or post as someone else, or on behalf of someone else at any time.
Intellectual Property Rights
All text, software (including source code and object code), visual and other material, information and all other content included in the Auction Site (collectively, the ‘Content’) are protected by copyright, trade marks and other intellectual property rights and laws throughout the world, or by relevant international treaties and / or other applicable laws.
Warehouse Express does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Auction Site (‘User Content’). However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such User Content at any time, without notification.
Licence
Warehouse Express prohibits the use (including without limitation, duplicating, altering, modifying, posting, transcribing, transmitting, selling, publishing and reciting) of the Content, without prior permission in writing from Warehouse Express.
You undertake not to alter or remove any trademark, copyright or other proprietary notices. You further undertake not to:
Resell or otherwise commercially use any of the Content;
Collection nor use of any product listings or descriptions;
Make derivative uses of the Auction Site and its contents;
Use any data mining, robots, scraper, or similar data gathering and extraction methods.
Any unauthorised use of the Auction Site and / or the Services will automatically terminate the permission or licence granted and may violate applicable law including copyright laws, trademark laws and communications regulations and statutes.
Participating on the Auction Site and using its Services
Information is defined as any information you provide to us or other users in relation to the Services available including Registration, bidding, listing or providing feedback. For the avoidance of doubt this includes without limitation, any description of items listed. You confirm that any information that you provide to Warehouse Express is complete, is not false, inaccurate or misleading and is up to date. You are solely responsible for information that you provide.
In participating on the Auction Site and its Services you agree that you will not:
Upload, post, email or otherwise transmit or receive any obscene, defamatory, offensive, harassing, threatening, pornographic, racist or blasphemous material or any material which may in the judgement of Warehouse Express, cause annoyance, inconvenience or anxiety to any person.
Upload, post, email or otherwise transmit or receive any material (including images) which breaches a third party’s copyright, privacy or other intellectual property rights or any other material which you do not have the right to transmit under any law or under any contractual or other duty.
Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise, regardless of content except in those areas that are designated for such purpose.
Use the site to knowingly defraud or knowingly sale counterfeit, illegal or stolen items*
Upload, post, email or otherwise knowingly or recklessly transmit or distribute any material which contains software viruses or any computer code, files or programs designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Collect or store personal information about others, including email addresses.
Only products related to the activities of Warehouse Express at the time of posting a product onto the Website eg photographic and optical products can be placed on www.ibidexpress.com. The selling of photographic images and prints is currently prohibited. If in any doubt as to the eligibility of placing a particular item on the Website then send an email to the following address: enquiries@ibidexpress.com or click on the link on the site.
Warehouse Express shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any content without notice that contains (in the opinion of Warehouse Express) unjustified, negative or derogatory comments about Warehouse Express, the recommendation of competitors, unauthorised advertising or direct links to third party websites.
You agree not to use the Auction Site and / or the Services in such a way that all or any of them becomes interrupted, damaged or rendered less efficient or in any way impaired.
Warehouse Express takes no responsibility and assumes no liability for any content posted or uploaded by any third party, or for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Auction Site is only a venue and is not liable for any descriptions, statements, representations or content provided by its users.
Warehouse Express reserves the right and has absolute discretion, to remove, screen or edit any content and materials which you post on the Auction Site.
You shall remain solely liable for the content of any information or materials that you upload or transmit to this site. You agree to indemnify and hold harmless Warehouse Express from any claim, action, demand, loss, damages, or costs (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.
* Whilst Warehouse Express itself never sells ‘grey’ imported items; these are not prohibited from being listed on the auction site. However buyers are advised to make relevant enquiries from the seller as to the exact status of any listed item where they have any concern as to whether the item listed is a ‘grey’ import or that there may be subsequent issues around component compatibility.
Seller’s obligations
You must be legally allowed to sell any item(s) you are offering in a listing on the Website, by a combination of ownership, permission of the owner, legality of the item and acceptance that it is an item permitted to be sold on our Auction Site. It is the seller’s responsibility to ensure that the item is legal to be sold to the destination that it is being sent to and sold from. You must give a full and true description of the item and all terms of sale on the listing page of the Auction Site (including the price for carriage of the listed item). Listings must not contain any personal contact information. Once a listing goes live on the Auction Site any listing fees will be deemed chargeable and remain unless Warehouse Express finds reasons to withdraw the listing. Once you have started a live listing you agree that you do not have the rights to a refund under the Distance Selling Regulations Act 2000 or similar local acts.
A seller is committed to selling the item as soon as a bid is either purchased as a ‘Buy It Now’ instant purchase or an over reserve bid on a standard auction with the highest bidder on completion of the listing, unless the buyer fails to meet the conditions of the seller’s listing (such as payment method).
Without limitation you must not bid on an item that you are selling yourself, or ask others to bid on an item that you are selling to falsely increase the price. Additionally you must not contact bidders in a listing where items are listed for sale in order to offer similar items to the bidders in that listing or make bids or make any payment using a false User ID. Warehouse Express will investigate bidding patterns and Auction Site traffic in such cases.
Buyer’s obligations
A buyer is legally obliged to complete a transaction with a seller as soon as an item is either purchased as a ‘Buy It Now’ instant purchase or the buyer is the highest bidder on a standard auction provided the bid exceeds the published reserve price. This includes any bid that becomes the highest after a valid bid retraction.
By bidding on an item you agree to be bound by the conditions of sale included in the item’s description provided that those conditions of sale are not in breach of these Terms or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item’s description after a bid is placed, or a clear typographical error is made.
As a buyer, you must ensure that you are legally able to bid for and buy any item that you bid for on the Auction Site.
Fees
Joining the Auction Site, viewing and bidding on items is free, although you will remain responsible for the costs of accessing our Website and communicating with our other users.
We charge fees for items that are sold through the Auction Site. Charges apply to listing an item, upgrading particular aspects of a listed item, and a final price fee. We may change this policy at any time and will give a minimum of 7 days notice within the Fees Page section of the Website which is part of this agreement. We may also give promotional discounts and services and these will also be detailed in the Fees section. When such promotions are announced they will apply only to the described relevant features and dates and will not be applied to any listings that are live at the time of the announcement. In the event that we introduce new Services, the fees for that service are effective at the launch of the service.
All fees are payable in £ GBP Sterling, although your credit / debit card supplier may make the exchange if your local currency is different. Warehouse Express will not be held responsible for any charges incurred for any aspect of fee settlement by card providers including foreign exchange transactions.
Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Website and all applicable taxes. You agree that we may issue you with invoices in an electronic format and also collect fees due to us by the payment methods available at the time of listing goods on the Website.
Non payment of fees will lead to a member being suspended and action taken to collect the outstanding monies including any costs incurred.
Links to Third Party Websites
The Auction Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Warehouse Express is not responsible for the content or availability of any such websites.
International Use
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Indemnity
You agree to indemnify and hold Warehouse Express harmless from and against any breach by you of these Terms of use and any claim or demand brought against Warehouse Express by any third party arising out of your use of the Services and / or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Warehouse Express in consequence of your breach of these Terms of use.
Availability
The Auction Site and / or the Services are provided "AS IS" and does not guarantee that the Auction Site and / or the Services will be available or suitable for your purposes and requirements. Warehouse Express does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Website may be interfered with by numerous factors outside our control. Warehouse Express does not guarantee the accuracy or completeness of any information contained on the Auction Site nor that it will be error free. Warehouse Express provides no warranties, express or implied, including without limitations of satisfactory quality, fitness for purpose, title, non-infringement and skill and care.
Liability
To the extent permitted by law, Warehouse Express will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Auction Site and / or the Services.
Warehouse Express makes no warranty that the Auction Site / Services will meet your requirements, that content will be accurate or reliable, that the functionality of the Auction Site / Services will be uninterrupted or error free, that defects will be corrected or that the Auction Site / Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms of use shall be construed so as to exclude or limit the liability of Warehouse Express for death or personal injury as a result of the negligence or fraud of Warehouse Express.
Severance
If any of the Terms of use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent judgement then such Terms shall be severed and the remaining Terms of use shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms of use shall be governed by English law and (subject to below) you agree that the English courts shall have exclusive jurisdiction in relation to any dispute arising out of these Terms of use. For our exclusive benefit, Warehouse Express shall retain the right to bring proceedings in the courts of your residence or the country of your principal place of business.
© 2006 Warehouse Express Limited. All rights reserved
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