This lists the Sellers Terms and Conditions. 

eardisley.co.uk is a site operated by Frank Sentinella ( we or us or eardisley.co.uk).

These Terms and Conditions (together with our Website Terms of Use, Website Acceptable Use Policy, Privacy Policy, and Cookie Policy (together, Legal Terms) give you information about us and the legal terms and conditions on which we provide a shop window for you to showcase, advertise and sell your latest Products to Buyers (Shop Window). You may use eardisley.co.uk to sell your Products to Buyers. We act only as an intermediary between you and the Buyers providing an opportunity for you and the Buyers to be introduced to each other, subject to these Terms and Conditions.

These Terms and Conditions set out the rights and obligations between you and us when you supply Products to Buyers through www.eardisley.co.uk (Website). Please read through these Terms and Conditions carefully and make sure that you fully understand them. These Terms and Conditions may be changed by us without notice at any time. Such changes shall not apply retrospectively and shall not affect any transactions for Products purchased prior to the changes taking effect.

If you have any questions or queries about this or any other information on our Website, please do not hesitate to Contact Us at info@eardisley.co.uk

 

Please print a copy of these Terms and Conditions at the time you make Products available for sale on our Website for your ease of future reference.

 

Your agreement with eardisley.co.uk shall remain in full force and effect while you are a member of eardisley.co.uk. You may terminate your membership with eardisley.co.uk for any reason at any time.

1. When you sell a Product through the Website, you shall be entering in to a direct contractual relationship with the Buyer of that Product. eardisley.co.uk is not a Buyer, trader, wholesaler or retailer and shall act as an intermediary between you and the Buyer only.

2. In the event that the Buyer wishes to return a Product to you at anytime or in the event that a Product ordered is no longer available, eardisley.co.uk is not responsible for this and you will be required to liaise with the customer directly to resolve such situation.

3. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the computer displays of any Buyer shall accurately reflect the actual colour of your Products.

4. You must provide all information requested by us about your Products and you must make every effort to be as accurate as possible when providing, without limitation, descriptions, sizes, weights, capacities, dimensions, measurements, colours, images and specifications to ensure that all information about your Products on our Website is accurate and enables Buyers to make a fully informed decision before placing an order.

5. The listing page serves as the main source of information for buyers, helping them decide what to buy and what to expect when they get an item. As such, the page should only be used to describe the item for sale and to professionally communicate seller terms.

6. All Products shown on our Website are subject to availability. You shall update our Website regularly to reflect the availability of the Products in the event of any changes in volumes as soon as possible.

7. If any Buyers have any questions or queries about any of your Products made available for sale on our Website, they shall contact you directly and you shall provide these contact details. You must respond to a question or query made by a Buyer as soon as possible and in any case, no later than 3 working days after receipt.

8. Sellers are not permitted to sell any items on the Prohibited List, featured below:

• Adults only

• Drugs and drug paraphernalia

• Embargoed goods and prohibited countries

• Firearms, weapons and knives

• Government documents, IDs and licences

• Government, transit and postal-related items

• Hazardous and explosive materials

• Items encouraging illegal activity

• Lock-picking devices

• Mailing lists and personal information

• Medicine and healthcare products

• Offensive material

• Police-related items

• Prohibited services

• Stolen property

Please note: You must not sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

9. eardisley.co.uk does not allow or promote the sale of items with original branding or labels without specific permission from the brand involved. We recommend that, should you be using an item with original branding, that you remove it before sale and replace with your own branding.

10. Your use of our Website is governed by our Our Terms of Use, Our Acceptable Use Policy and Our Cookie Policy Please take the time to read these policies, as they include important terms which may apply to you.

11. You must not

• distribute viruses or any other technologies that may harm eardisley.co.uk;

• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

• copy, modify, or distribute rights or content from our Services or eardisley.co.uk’s copyrights and trademarks;

• copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services without the prior express written permission of eardisley.co.uk and the appropriate third party, as applicable;

• commercialise any eardisley.co.uk application or any information or software associated with such application;

• harvest or otherwise collect information about users, such as email addresses, without their consent or

• circumvent any technical measures we use to provide the Services

12.  Under the Consumer Protection from Unfair Trading Practices Regulations 2008, if you are a trader, falsely claiming or creating the impression that you are not acting in the course of trade or business is considered unfair by the Office of Fair Trading and is an offence for which you may be liable to prosecution. You must comply with the Regulations at all times.

13. You may only sell Products to Buyers on our Website if you are at least 18 years old.

14. After a Buyer places an order, you and the Buyer will receive an e-mail  acknowledging that the order has been placed. Please note that this will mean you are required to ensure the collection of this order is fulfilled.

15. You:

• warrant and represent that you are at least 18 years of age at the time that you make Products available for sale on our Website and possess the legal capacity and legal authority to enter in to a direct contractual relationship with any Buyers in respect of any Products that you supply;

• warrant and represent that, you are the legal owner of any Product advertised or shall have the authority and consent of the legal owner to sell a Product on behalf of the legal owner;

• warrant and represent that all registration, contact, Product, Price, collection, and payment details is accurate, up to date, complete, reliable, non-defamatory, non-deceptive, truthful, honest and complies with our Content Standards detailed in our Acceptable Use Policy, the highest advertising standards and all relevant legislation in force from time to time in all respects. We shall not accept any responsibility for your failure to fulfill your obligations.

• must check and amend any errors in the information provided to eardisley.co.uk as soon as possible;

• warrant and represent that the publication on the Website of any information submitted by you shall not detrimentally affect the reputation of eardisley.co.uk in any way or breach the rights of any third party including, without limitation, any Intellectual Property Rights and shall not render eardisley.co.uk liable to any legal proceedings;

• must obtain the permission of any person present in an image before using that image on the Website and comply with the Data Protection Act 1998 in all respects;

• shall ensure that when nominating an account to receive payment of All Proceeds of Sale, you are the owner of or have the requisite authority to use that account; and

• be responsible for checking emails regularly. We shall be obliged to contact you by this method only and you agree to the associated risks of this form of communication.

• All communications with Buyers shall take place through the Website and you shall not, under any circumstances, use the Website to solicit customers to sell your Products other than through the Website.

16. In the event that you fail to comply with any of the provisions we reserve the right, at our absolute discretion to:
           a) suspend your account with immediate effect until further notice; and / or
           b) permanently close your account.

17. We encourage the Buyer to send back the Products to you, without undue delay as set out in our website terms of use.

18. If the Buyer wishes to exchange a Product for another Product for any reason, or refund a product, they will need to contact you.

19. It shall be your sole responsibility to ensure a customer receives their purchased product. eardisley.co.uk shall provide a order reference number via a confirmation email however eardisley.co.uk merely administers the Shop Window in order to provide you with the opportunity to sell Products on the Website. We are not involved in arranging the collection of any Products sold by you.

20. All Prices are determined by you. This information is relayed to Buyers via the Website.

21. Prices on the Website shall be expressed in GBP sterling. All Prices shall be set by you and uploaded to the Website by you in GBP sterling. You shall be responsible for the accuracy of this.

22. You may alter Prices for Products from time to time, but any such changes will not affect any order which you have received prior to this change. You must not provide inconsistent or misleading information on the terms and conditions of the sale.

23. Our Website may contain a large number of Products. We use our best efforts to ensure that the Prices of Products are correct at the time when they are entered on to the Website. However, it is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced due to a technical error and you accept the associated risks of using the Website. If you discover an error in the Price of the Products that a Buyer has ordered that is not your fault, you must inform the Buyer in writing or via email about the error and give the Buyer the option of continuing to purchase the Product at the correct price or cancelling the relevant order. The Buyer must be kept informed at all times.

24.You must give Buyers accurate and up to date information wherever possible on Prices, any value added tax, other taxes, excise, sales levies, imposts, duties, fees, clearance charges, other charges, deductions or withholding’s of any nature imposed or charged which the Buyer shall, in addition to the Price be liable to pay.

25. Buyers may pay for Products using PayPal, and Debit Card. You must have a PayPal account to sell Products on this Website.

26. PayPal fees and exchange rates shall be determined by the organisation in accordance with their terms and conditions. The fees charged by PayPal will be met by you and deducted from any payment made by the Buyer.

27. The Intellectual Property Rights in the photographs and information provided by you for use on the Website must be owned by you or you must have a licence to use such Intellectual Property Rights. You must also have the authority to licence or sub-licence, as the case may be, all such Intellectual Property Rights to eardisley.co.uk free of charge on a non-exclusive, irrevocable, perpetual, royalty free basis. You agree that eardisley.co.uk shall be free to use all such Intellectual Property Rights on the Website, in any manner that it thinks fit including, without limitation, for any promotional campaigns. You may be required to provide photographs and take part in promotional campaigns at eardisley.co.uk’s request.

28. Nothing in these Terms and Conditions shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

• fraud or fraudulent misrepresentation;

• we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your agreement with us; and

• our total liability to you in respect of all other losses arising under or in connection with your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price of your Product in respect of each advertisement placed on the Website.

29. We shall not be liable for any injury, loss or damage caused by Products made or sold by you.

30. You can contact:
            a) us in writing by sending an e-mail to info@eardisley.co.uk  ; and
            b) the Buyer of your Products through the eardisley.co.uk platform

31. Please keep a copy of all correspondence for your own records.

32. If we have to contact you or give you notice in writing, we will do so by e-mail using the email address that you have provided to us.

33. It is your responsibility to ensure that your Products are fit for purpose, of satisfactory quality and correspond with their description on the Website. If a Buyer experiences a problem, they may contact you to discuss the problem. A failure to act quickly and appropriately in respect of any dispute may result in a complaint being upheld against you. eardisley.co.uk will not enter into any discussion.

34. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, which existed at or before the date of termination or expiry.

35. Force Majeure Event means any circumstance not within our reasonable control including, without limitation acts of God such as flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attacks, civil war, civil commotion or riots, armed conflict, sanctions, nuclear, chemical or biological contamination or sonic boom, laws or regulatory action including without limitation export or import restriction or failing to grant a necessary licence or consent, collapse of buildings, fire, explosion or accident, trade disputes, non-performance by suppliers or subcontractors and failure of utility services.

36. If we are prevented, hindered or delayed in or from performing any of our obligations under these Terms and Conditions by a Force Majeure Event, we shall not be in breach of these Terms and Conditions or otherwise be liable for any such failure or delay in the performance of such obligations.

37. The rights and remedies provided under these Terms and Conditions are in addition to and not exclusive of, any rights or remedies provided by law.

38. Please note that our Legal terms is governed by English law. This means that the contract between you and us and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales shall have non-exclusive jurisdiction.