USER AGREEMENT
Use of the GARDENSWAPSHOP website (“the Site”)
and our services constitutes acceptance by you of
all terms and conditions stated below (“the Conditions”). PLEASE
NOTE THAT REGISTRATION AND USE OF THE SITE
ARE RESTRICTED TO UK RESIDENTS.
If you breach this User Agreement or any part of
it, we may suspend, cancel or terminate your registration,
account or any transaction in course, temporarily
or permanently, without refund of any fees or compensation
and without liability for loss of business, income
or profit which you may suffer or incur as a result
of such suspension, cancellation or termination.
1. Eligibility for Registration and Use
To use our services, you must be able to enter into a legally binding contract
in accordance with applicable laws. Our services are not available to users
resident outside the UK, minors or users who have been temporarily or indefinitely
suspended. To use our services, you must complete the Registration process
by providing Gardenswapshop with the information as required on our registration
form. If the information you provide is found to be untrue, incorrect or
we cannot verify it, we may cancel or suspend your registration and/or account
at any time.
2.Venue only
Registered users use the Site to post advertisements offering to swap
or to sell at a fixed price online items including plants and garden related
products (“items”) which they possess.
However, at no time does Gardenswapshop possess,
hold, or offer any items for swap or sale, nor are
we involved in any part of the actual transaction.
We provide a venue only. We, therefore, have no control
over and cannot guarantee the quality, legality.
safety or authenticity of the items listed or the
ability of those listing the items to provide them
or (where applicable) to pay for them or to complete
any swap, sale or purchase.
It is the sole responsibility of the person listing
his or her items to accurately represent the quantity,
quality, authenticity and availability of the items
listed on the Site. Furthermore, it is the responsibility
of the swapper/buyer to verify with the offeror,
before acting, all information about any item listed
which they intend to swap or buy.
Gardenswapshop does not accept any responsibility
for the willingness or ability of any person offering
items on the Site to swap or sell them or for any
person’s willingness to follow through with a swap
or purchase of any item. We suggest that parties
to a swap or sale and purchase should communicate
directly with each other before and after any transaction
takes place. You accept sole responsibility for
the legality of your actions under applicable laws.
Furthermore, Gardenswapshop shall not be liable
for any items obtained by swapping, for damage to
items during transit or during the inspection period,
nor for any misrepresentations or breaches of contract
between swappers or seller and buyer, nor for the
cost of procurement of substitute items or any loss
resulting from any items purchased or obtained.
3. Fees
There are no fees to register on the Site.
In order to swap or sell on the Site, each user
listing an item must purchase a minimum of 25 credits
(currently £5), which can be used to carry out transactions.
Each item swapped or sold will be charged at 20p.
Users agree that Gardenswapshop may deduct any fees
incurred from the user’s current credits.
If you close your account, any unused credits will
be refunded less a £1.50 administration charge.
All fees are quoted and payable in Pounds Sterling
and incorporate VAT if applicable. We may change
our fees from time to time. Our changes will be
effective after we provide you with 14 days notice
by posting the changes on the Site. All users listing
an item for sale and purchase will be responsible
for paying all fees associated with using our services
and the Site.
Where VAT is applicable, Gardenswapshop’s fees are
based on the gross amount.
VAT may apply to your transaction. Where and as
applicable, users will be responsible for accounting
for all relevant taxes.
4. User Identity
Because of difficulties connected with verifying identities over the internet,
Gardenswapshop does not warrant that a user is who he or she claims to be
or the validity of information which users post to the Site. If you are
not sure of another user’s identity or the authenticity of any items posted,
we encourage you to contact the other user. You may also review any member’s
feedback profile to see what others have said about dealing with them.
5. Your Password
You must keep your user identification safe and may not disclose or distribute
your password to or share your password with any third party. If you feel
your password has been jeopardised, you may change your password at any time,
and as often as you wish.
6. Listings Online
Listings of any item for swap or sale may consist of the following: a detailed
and accurate text description of your item; graphics; a. picture of your
item; a link to a picture (that you own or have rights to link to); or other
content relevant to the swap or sale of your item.
You are responsible for ensuring that you have the
right to use all content in your listings and we
have the right to host it on our servers. All items
must be listed in an appropriate category. In all
multiple item listings (other than for plants), the
items must be identical.
You acknowledge that we will commence supplying
our services to you as soon as you have sent your
item for listing and you recognise that you will
not have the right to cancel any listing under the
Consumer Protection (Distance Selling) Regulations
2000 or any equivalent legislation.
Listings or postings may not contain items or information
that:
· Breach
any applicable laws that prohibit the swap, sale
or distribution of your item.
· Infringe
any third party intellectual property rights.
· Falsely
advertise, or misrepresent, any item being offered
for swap or sale.
· Are
sexually explicit in nature, contain or describe
sexual acts, nudity, pornography or child pornography.
Users may not engage in the following activity:
· Listing
or posting for swap and/or sale items of which you
do not have possession at the time of listing or
posting unless the information is clearly stated
within the item's description.
· Listing
or posting for swap and/or sale items of which you
are not the full and unencumbered owner.
· Listing
or posting multiple items for swap and/or sale (other
than plants), which are not identical in size, shape,
colour and description.
7. Undertaking to Swap or Sell and Purchase
By offering any item for swap or sale or in accepting to purchase for a fixed
price any item listed for sale, you are stating that you have the ability
and intention (as appropriate) to swap or sell/purchase the item advertised. In
addition, you undertake that any such item listed on the Site does not violate
any applicable laws prohibiting swap or sale or free distribution of your
item.
There are no fees to register when purchasing items
listed for sale. You are responsible for paying
applicable taxes and any costs that you may incur
to use Gardenswapshop’s services or access the Site. We
may at any time add to, delete or change our services
on the Site
This User Agreement is a contract between Gardenswapshop
and each user in relation to provision of the Site
as an online venue only. Before agreeing to a swap
or purchase, you should be certain you understand
and have agreed with the other user all terms and
conditions of the transaction. Gardenswapshop is
not a party to your swap or sale and purchase agreement. That
is strictly between you and another user. Therefore,
if you have any questions about an item, or the person
offering an item, or the terms and conditions on
which you are being asked to swap or purchase, you
should make enquiries directly of the other party
before proceeding.
Gardenswapshop accepts no liability arising out
of or in connection with any agreement relating to
the swap or sale and purchase of any item. Furthermore,
we shall have no obligation to users in respect of
ensuring performance of any such agreement other
than to notify the relevant parties and provide to
each of the parties the contact details of the other.
If you have agreed with another user to swap any
item listed or to sell or purchase any item at the
fixed price for sale listed, you are obliged and
agree to complete the transaction on the agreed terms.
Users are responsible (and Gardenswapshop shall
have no liability) for posting or delivering their
own items and suppliers are responsible for sending
and paying for the sending to each other of their
own items (unless otherwise agreed between them).
8. Personal Information
Personal information is the information that you provide to Gardenswapshop
or to other users when, for example, registering with Gardenswapshop, listing
an item or posting any other information to the Site.
You are responsible for your personal information.
In the event that your information creates a liability
to us that may cause our Internet service provider,
suppliers, agents, or contractors to sever their
services to us because of such liability, we may
take appropriate actions regarding such information.
9. Privacy
Gardenswapshop is registered as a data controller under the Data Protection
Act 1998. We do not pass on, market or distribute personal data to any third
party. You may review our current Privacy Policy.
10. Disputes
Because Gardenswapshop is not involved in transactions between users and only
provides a venue, users are responsible to each other for fulfilling and
completing swaps and/or sales and purchases. As a consequence of Gardenswapshop’s
non-involvement in transactions, each user of our services hereby releases,
and acknowledges that it is reasonable in the circumstances for him or her
to release, Gardenswapshop and its officers, directors, employees, agents
and suppliers from all losses, liability, damages costs, (including legal
costs), claims, actions or demands (actual or consequential) of whatsoever
nature arising out of or in connection with any disputes between users.
In the event you have any right, claim or action
against any other user arising from that user’s use
of the Site, you agree to pursue such right, claim
or action independently and without recourse to Gardenswapshop.
11. Feedback
Gardenswapshop provides registered users with the ability to leave comments
about their experiences in dealing with other registered users, via our feedback
service. We may limit the number of listings or transactions you place or
undertake on the Site and your other activities on the Site as a result of
feedback concerning you. The following actions regarding the use of the
feedback service are prohibited:
· Threatening
another user with negative feedback for their refusal
to perform actions not related to your transaction
with that user or their failure to agree to terms
and conditions which were not stated in the original
listing.
· Leaving
feedback that contains vulgarity or profanity.
· Leaving
feedback that discloses another user’s personally
identifiable information.
Additional guidelines may be posted or existing
prohibitions amended from time to time.
Should your feedback rating reach a net feedback
rating of 4%, your registration and/or right to use
our services may be suspended, cancelled or terminated.
It is expected that you will use the feedback service
in such manner as to uphold the integrity of the
service.
You agree that Gardenswapshop is not be responsible
or liable for any statement or conduct by you while
providing feedback on the Site and you will keep
Gardenswapshop fully indemnify in respect of any
claim, demand or action by any third party arising
out of or in connection therewith.
12. No Warranty and Limitation and exclusion
of liability
Gardenswapshop (including our officers, directors,
employees and agents) do not warrant continuous,
uninterrupted or secure or entirely error free access
to our services. Operation of the Site may be interfered
with by numerous factors outside our control. We
have no liability of any sort (including liability
for negligence) for the acts or omissions of other
providers of telecommunications services or for faults
in or failures in their networks and equipment.
Nothing in this User Agreement shall limit or exclude
Gardenswapshop’s liability for fraudulent misrepresentation
or death or personal injury resulting from our negligence
or the negligence of our officers, directors, employees
and agents.
THE SITE AND OUR SERVICES ARE OFFERED "AS IS" AND "AS
AVAILABLE", AND WE (INCLUDING OUR OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS) EXCLUDE ALL IMPLIED
WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER IMPLIED
BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY TERMS AS TO SKILL AND CARE OR TIMELY PERFORMANCE.
Some jurisdictions do not allow the disclaimer of
implied terms, so the foregoing may not apply to
you.
In no event shall Gardenswapshop (including
our officers, directors, employees and agents) be
liable for any loss of profits or any special, incidental
or consequential damages arising out of or in connection
with our Site, our services or this User Agreement
(howsoever arising including negligence) even if
that loss or damage was foreseeable by, or the possibility
of it was brought to the attention of, Gardenswapshop.
OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED
TO THE GREATER OF THE AMOUNT OF FEES YOU HAVE PAID
TO US IN RELATION TO THE LISTING OR OTHER SERVICE
OFFERED GIVING RISE TO THE LIABILITY AND £100.
13. Indemnification
You will indemnify and hold harmless Gardenswapshop and its employees, agents
and representatives in respect of all claims or demands, including legal
costs, made by any third party due to or arising out of or in connection
with the Site (including without limitation the infringement by you or any
other user of the Site using your computer), your use of Gardenswapshop’s
services, the breach of this User Agreement by you or of any intellectual
property or other right of any person or entity or your violation of any
law.
14.Your Legal Responsibility
It is your responsibility to comply with all applicable laws regarding your
use of our services and your listings, postings, swaps, and sales and purchases
of items via the Site.
15. Variation of the User Agreement
Gardenswapshop will have the right to vary the Conditions at any time and without
prior notice by posting the Conditions as varied to the Site. The Conditions
as varied will be effective 28 days from the date on which they are they
are posted.
16. Notices
Unless otherwise agreed in writing all notices given between you and Gardenswapshop
will be sent by registered mail to 3 Durrant Road Bournemouth BH2 6NE. Notices
Gardenswapshop sends to you will be sent by email or by registered mail. If
sent by e-mail they will be addressed to the email address which you provided
during the registration process or currently have on file in your account
with us. In these instances, unless the party sending the email is notified
that the recipient’s email address in not valid, such notices will be considered
given 24 hours after the time the email is sent.
17. No Partnership
You and Gardenswapshop act as independent contractors. At no time is any partnership,
agency, distribution, employee-employer or franchiser-franchisee relationship
intended or created by this User Agreement.
18. Third Party Right
A person who is not a party to this User Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this User Agreement
or which exists or is available apart from that Act.
19. Entire Agreement
This User Agreement sets out the entire understanding and agreement between
us with respect to its subject matter. No oral explanation or oral information
given by any party shall alter its contents or interpretation.
20. Governing Law
This User Agreement shall be deemed to have been formed in England and Wales
and the Agreement and Conditions shall be governed by and construed in accordance
with the laws of England and Wales. Users submit to the exclusive jurisdiction
of the English Courts.
21. Enquiries
The services herein are offered by Gardenswapshop.
Any enquiries can be made to the following address
enquiries@gardenswapshop.co.uk
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