Terms and Conditions of BuyLocal Limited version 2005
Seller's Terms and Conditions
- In these conditions,
- The Customer warrants that:
- in relation to an Advertisement the Customer contracts with the Company as a principal notwithstanding that the Customer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity;
- the reproduction and/or publication of the Advertisement by the Company as originally submitted or as amended pursuant to condition 3 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Company liable to any proceedings whatsoever;
- any information supplied in connection with the Advertisement is accurate, complete and true;
- in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Customer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
- in relation to any investment Advertisement, the Advertiser is, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986 or the Advertisement is otherwise permitted under that Act;
- the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable in the United Kingdom; and
- all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
- The Company may, without derogation from the warranties contained in condition 2, refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as:
- to comply with the legal or moral obligations placed on the Company or the Customer or the Advertiser; or
- to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority.
- The Company has the right at its discretion to decline to publish, or to omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However, the Company will use reasonable efforts to comply with the wishes of the Customer although it does not warrant the date of insertion, the wording, or the quality of the colour or mono reproduction of the Advertisement.
- Where the Customer is the Advertiser’s advertising agency, the Customer warrants that it is authorised by the Advertiser to place the Advertisement with the Company and the Customer will indemnify the Company against any claim made by the Advertiser against the Company arising from the publication thereof.
- The Company shall have the right to change its scale of advertisement rates at any time.
- In the absence of any other specific arrangement between the Company and the Customer, payment in respect of the Advertisement shall be made by the Customer by way of on-line credit card/ debit card payment and shall be due in advance of publication except where the Company has agreed to allow credit to the Customer, in which case the due time for payment shall be no later than the 9th day following the date on which the Advertisement >(or, if one in a series, the last Advertisement in the series at the end of each month) appeared (or, if such 9th day is not a working day, the working day immediately prior to such 9th day).
- Once the Company has been notified that payment has been successfully made the Advertisement shall be placed on the Website, without prejudice to the Company’s rights under condition 4. However, any image submitted as part of the Online Order Form which is intended to be part of the Advertisement shall not be placed on the Website until such image has been checked by the Company which, if the Advertisement is submitted between the hours of 08.30 and 21.00 then the image should, subject to it being approved by the Company, be placed on the Website within 2 hours of the Customer submitting the Online Order Form. For Online Order Forms submitted out of those hours then the Company will not usually have an opportunity to check the image until 09.00 the following day and accordingly the image shall not appear as part of the Advertisement until it has been checked.
- It is the responsibility of the Customer to check the correctness of the Advertisement (and of each insertion of the Advertisement if more than one). The Company assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the Advertisement or otherwise) must be raised with the Company in writing within 7 days following (as the case may be) insertion of the Advertisement or of the date on which it is claimed the Advertisement should have appeared. Without prejudice to the Company’s entitlement to be paid for the Advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the Advertisement was booked, the Company’s liability is limited to a maximum at its option of giving a credit for its charge for the Advertisement or (in an appropriate instance) of publishing the Advertisement for a second time without charge. Such complaint, claim or query shall not affect the liability of the Customer for payment by the due time of the Company’s charges for that and all other advertisements.
- All replies to an Advertisement shall be made direct to the Customer using the details which the Customer provides when the Advertisement is submitted to the Company as their contact details for the purpose of replies and the Company shall not be liable or responsible for any error in those details or any delay caused as a result of any error
- The Customer will indemnify the Publisher and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeably as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these conditions or implied by law.
- The placing of an order for the insertion of an Advertisement shall amount to an acceptance of these terms and conditions and any terms and conditions stipulated on an order form or elsewhere by the Customer shall be void insofar as they are inconsistent with these terms and conditions. The placing of an order for the insertion of an Advertisement shall amount to an acceptance of our Privacy Policy
- No waiver or indulgence by the Company shall be effective save in relation to the matter in respect of which it was specifically given.
- These conditions shall apply to each contract for the insertion of an Advertisement together with such additional conditions (if any) as may be set out in the Company’s Rate Card and in the event of any variations or inconsistency between these conditions and the conditions set out in the Rate Card, the latter shall prevail.
- The contract which incorporates these conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts.
- Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 6 Varo Terrace, Stockton on Tees, TS18 1JY, or by e-mail to enquiries@buylocalltd.co.uk
- If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
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the ‘Advertisement’ |
means the advertisement to be on the Website on behalf of the Customer |
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the ‘Company’ |
means BuyLocal Limited (CRN: 5408592) |
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the ‘Contract’ |
means the contract between the Company and the Customer for the placing of the Advertisement |
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the ‘Customer’ |
means the person placing with the Company the order for the insertion of the Advertisement on the Website, whether such person be the advertiser of the product or service promoted thereby (‘the Advertiser’) or the Advertiser’s advertising agency or media buyer; |
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the ‘Online Order Form’ |
means the order form on the Website which the Customer must complete and submit to the Company |
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the ‘Privacy Policy’ |
means the Privacy Policy of the Company as appears on this Website |
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the ‘Rate Card’ |
means the Company’s rate card in effect for the time being and may include, among other matters, its scale of advertisement rates and technical specifications,; and |
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the ‘Website’ |
means website on which the advertisement is to appear or has appeared which is operated by the Company; |
In the event that the Company has agreed to allow credit to the Customer, full details of each remittance are to be supplied to the Company by the due time. Payment shall mean the receipt by the Company at 6 Varo Terrace, Stockton on Tees, TS18 1JY (or elsewhere as it may direct) of cash or a cheque or at its bank of money transferred electronically or through the clearing banks’ giro credit system.
Once the Online Order Form and payment have been submitted to the Company the Customer shall not be entitled to cancel the contract and shall not be entitled to a refund unless the Company in its discretion agrees otherwise and in which case the Company reserves the right to charge the Customer a fee and deduct it from the refund given to the Customer for administration.
Terms and conditions of on-line advertisement-viewers
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the ‘Services’ |
means the online facility through which traders can sell and customers can buy products or services |
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‘Our’ ‘We’ or ‘Us’ |
means BuyLocal Limited (CRN: 5408592) |
Our website facilitates an exciting and convenient way to buy and sell goods over the Internet and is operated by BuyLocal Limited. It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
Our site is a place for sellers to sell goods and services and for customers to make offers and buy them. We do not have and never intend to have any contractual involvement in your transactions and at no stage buy or sell or purport to buy or sell any of the products displayed on our site. Any disputes between buyers and sellers are just that—we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions.
- All buyers must pay sellers for items by a method of payment as agreed between the seller and buyer in each case.
- Unless sellers have stated otherwise, buyers are responsible for any costs of delivery and any insurance costs.
- Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
- We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
We take privacy issues seriously. Our current Privacy Policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our Privacy Policy.
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
- As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and services and the latter to buy them.
- We have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.
- Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
- In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
- Your acceptance of these terms and conditions also acts as a general release of BuyLocal Limited and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
- In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of BuyLocal Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
BuyLocal Limited is the proprietor of the "Buy" website operations, trade marks and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by BuyLocal Limited in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
Except as otherwise stated, any notices you wish to send to us should be e-mailed to enquiries@buylocalltd.co.uk. Any notices that we may wish to draw to your attention will be displayed on our website.
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
BuyLocal Limited will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
BuyLocal Limited has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
- act inconsistently and in breach of these terms and conditions;
- at any time violate or attempt to violate any rights of any other user of the Services or third party; or
- are engaged in any fraudulent activity; or
- fail to make any payments due to us in accordance with these terms.