Terms & Conditions (User Agreement)
The following describes the terms and condition on which All Sorts Market Limited offers you access to our services. This User Agreement is effective on September 2011, for current users, and upon acceptance for new users.
Welcome to All Sorts Market limited. These terms and conditions apply to the services available from the domain and sub-domains of www.allsortsmarket.co.uk, and from all other All Sorts Market-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the All Sorts Market Limited websites (www.allsortsmarket.co.uk, www.allsortsmarket.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink and the general principles for the websites of our subsidiaries and international affiliates.
If you have any questions, please refer to our Help section. Before you may become a member of All Sorts Market, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some allsortsmarket-branded websites. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and allsortsmarket.
Using All Sorts Market
You may not use our site and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your All Sorts Market membership has been suspended.
While using All Sorts Markets, you will not:
post, list or upload content or items in an inappropriate category or areas on our sites;
breaches of any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
breach our policies including, without limitation, the prohibitied and restricited items policies and the other policies linked to from the "Additional terms" section below; (any fees paid will not be refunded)
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to allsortsmarket;
post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-allsortsmarket sites or for using it for purposes unrelated to allsortsmarket);
transfer your allsortsmarket account (including feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm allsortsmarket, or the interests or property of allsortsmarket users;
copy, modify, or distribute rights or content from our sites, services or tools or allsortsmarket's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
If you are registering with allsortsmarket as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on allsortsmarket, you must comply with all applicable laws relating to online trading (please see our Business Selling Explained for more information).
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and allsortsmarket agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
We reserve the right to limit your activities on our sites (including, without limitation, restricting the number of items you may list on our sites), if we think that such restrictions will improve the security of the allsortsmarket community or reduce our or another allsortsmarket user’s exposure to financial or other liabilities.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue. You agree not to hold allsortsmarket responsible for any loss you may incur as a result of allsortsmarket taking this action.
Abusing All Sorts Market
All Sorts Market and the All Sorts Market community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account (including, without limitation, TopSeller status), reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:
we think that you are creating problems (including, without limitation, by harassing All sorts Market staff or other users or by making unreasonable legal threats against All Sorts Market), or exposing us or another All Sorts Market user to financial loss or legal liabilities;
we think that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties);
we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies (including, without limitation, policies related to shill bidding, conducting off - All Sorts Market transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users);
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
you fail to comply with the All Sorts Market Buyer Protection Policy;
you earn a net feedback rating of -3.
Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
You agree not to hold All Sorts Market responsible for any loss you may incur as a result of allsortsmarket taking any of the actions described above.
All Sorts Market Buyer and Sellers Protection
Buyers and sellers share the responsibility for making sure purchases facilitated by All Sorts Market are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a case relating to a purchase.
We require buyers and sellers to comply with the requirements of All Sorts Market Buyer Protection Policy. All Sorts Market Buyer Protection applies only to cases filed in accordance with the All Sorts Market Buyer Protection Policy, not cases filed with the payment services provided. We may suspend the All Sorts Market Buyer Protection policy without notice if we suspect that abuse or interference with the proper working of the policy.
All Sorts Market sellers shall comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with All Sorts Market under the All Sorts Market Buyer Protection Policy and agree to the following:
Sellers must have a reimbursement method on file with All Sorts Market. Sellers may change this reimbursement method by
Contacting All Sorts Market and searching for Change My Reimbursement Method.
(If we resolve a dispute in the buyer’s favour, we may:
remove funds from the seller’s Payment account to reimburse the buyer for the full cost of the item and the original postage cost; or other payment method you chose to use.
where there are insufficient funds in the seller’s Paymentl account or where Payment is not the reimbursement method of the seller, we will require another payment method.
For this purpose you, in the capacity of a seller;
authorise and instruct us and the payment method used to collect or reverse variable amounts (representing payments related to covered claims) from your payment Account to carry out a buyer reimbursement;
authorise and instruct us to request your payment methods to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your payment account at any point during the resolution process (This may result in you determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies. See Restricting funds.); and
authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly).
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the All Sorts Market Buyer Protection Policy.
For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred method of reimbursement. Changing a reimbursement method will not affect All Sorts Market’s use of a payment method on file for other purposes (such as payment of your All Sorts Market fees). If sellers do not provide All Sorts Market with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Without limiting the foregoing, sellers may not have to pay reimbursement for an All Sorts Market claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the All Sorts Market Buyer Protection Policy.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous All Sorts Market Buyer Protection refund or reimbursement.
To protect against the risk of liability, All Sorts Market has at times requested, and may continue to request, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an All Sorts Market Buyer Protection case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.
We do not tolerate spam (unsolicited commercial communications). Please set your All Sorts Market notification preferences so we communicate to you as you prefer. You may not add other All Sorts Market users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered All Sorts Market email address belonging to an All Sorts Market member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
To report spam from other All Sorts Market users, please contact All Sorts Market Customer Services.
Using information about other All Sorts Market users
Our site and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
allsortsmarket-transaction-related purposes that are not unsolicited commercial communications
using services offered through allsortsmarket; and
other purposes a user expressly agrees to.
Joining All Sorts Market and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees Policy, which we may change from time to time. We will give you notice of any proposed changes to our Fees Policy by email, by posting the changes on the All Sorts Market site or via your "Messages". You may close your account without penalty within 30 days of such notice being given. Otherwise, changes to our Fees Policy are effective 30 days after such notice being given. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our site and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your payment services account balance.) You agree that we may issue you with invoices in electronic format by email.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including All Sorts Market users) you may use catalogue content solely in connection with your All Sorts Market listings during the time your listings are on All Sorts Market’s site.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all of All Sorts Market policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
You will not hold All Sorts Market responsible for any loss you may incur as a result of All Sorts Market taking any of the actions described in the Abusing. All Sorts Market section above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through All Sorts Market.
We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our site, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly motors vehicles and real estate, or bid or offer is a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a contract for sale between the buyer and the seller.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. All Sorts Market cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We(including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the allsortsmarket Buyer Protection Policy up to the full cost of the item and its original postage costs, (b) the total fees (under All Sorts Market Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) £100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to allsortsmarket by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of allsortsmarket and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our site.
By listing an item on All Sorts Market’s sites, you agree to pay the All Sorts Market’s related fees, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on All Sorts Market’s site, your listing will be posted on All Sorts Market’s site and can be viewed in My account .
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so All Sorts Market can’t guarantee exact listing durations.
Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in All Sorts Market’s Help Pages.
You agree that you will only use our site and services in accordance with this Agreement.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served by registered mail to All Sorts Market (ref:allsortsmarket.co.uk), COMPANY REGISTERED ADDRESS. We shall send notices to you by email to the email address you provide to All Sorts Market during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
If a dispute arises between you and All Sorts Market, we strongly encourage you to first contact us directly to seek a resolution by going to the All Sorts Market customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and All Sorts Market both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:
Prohibited & Restricted Items
Rules For Buyers
Rules For Sellers
Rules For Everyone
Non-Binding Bid Policy
Bid Retraction Policy
Unpaid Item Policy
Gudies & Reviews
Groups Usage Poilcy
Fees for allsortsmarket.co.uk and All Sorts Shops
About Transactions Outside All Sorts Market
Item Location Misrepresentation Policy
Board Usage Policy
Each of these policies may be changed from time to time. Changes take effect when we post them on the All Sorts Market site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations (also known as "assign") under this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by email, via "My Messages" or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, "in writing" does not include an email message and "hand signed" does not include an electronic signature.
Except as set out above, this Agreement may not be altered by us or by you unless we both agree in writing hand signed by you and us. For the purposes of this provision, "in writing" does not include an email message and "hand signed" does not include an electronic signature.
The Agreement is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Legal disputes.
If you have any questions about this User Agreement, please refer to the Frequently asked questions about the User Agreement. If that document does not answer your questions, please contact All Sorts Market Customer Support.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- The materials on ALL SORTS MARKET's web site are provided "as is". ALL SORTS MARKET makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ALL SORTS MARKET does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall ALL SORTS MARKET or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ALL SORTS MARKET's Internet site, even if ALL SORTS MARKET or a ALL SORTS MARKET authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on ALL SORTS MARKET's web site could include technical, typographical, or photographic errors. ALL SORTS MARKET does not warrant that any of the materials on its web site are accurate, complete, or current. ALL SORTS MARKET may make changes to the materials contained on its web site at any time without notice. ALL SORTS MARKET does not, however, make any commitment to update the materials.
ALL SORTSM ARKET has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ALL SORTS MARKET of the site. Use of any such linked web site is at the user's own risk.
7. Governing Law
Any claim relating to ALL SORTS MARKET's web site shall be governed by the laws of the State of COMPANY STATE / PROVINCE without regard to its conflict of law provisions.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.