TERMS AND CONDITIONS
Greetings and welcome to the E Sell Me platform (referred to as the "Site"), managed and hosted by E Sell Me Limited, with its address at 10 Auburn Road, Mullingar, Co Westmeath, Ireland. By accessing and using the Site, you are agreeing to abide by these Terms and Conditions (referred to as the “Terms”), along with the Catalogue Rules and the Forum Rules. These collectively constitute a legally binding agreement between you and E Sell Me governing your use of the Site. Before registering on the Site, please carefully review these Terms. Acceptance of the Terms is a prerequisite for creating your E Sell Me account during the registration process. Additionally, we recommend reviewing the Privacy Policy.
Definitions:
In these Terms, certain terms denoted in capitalized form have specific meanings, as outlined in this section. Whenever encountering a capitalized term, kindly refer to this Definitions section for its precise interpretation.
Additional Service(s): These denote supplementary paid services provided by E Sell Me on the Site to Users. Detailed information can be found in Section 4.
Additional Terms: This pertains to terms and conditions specific to certain services or features on the Site, elaborated in Section 2.6.
Buyer: A Buyer is any User who either purchases or expresses an intent to purchase Item(s) on the Site.
Buyer Protection: E Sell Me offers a Buyer Protection service for a fee, payable by Buyers for each purchase made using the “Buy now” button on the Site. Further details about Buyer Protection are available in Section 6.
“Buy Now” button / “Buy now” / “Buy”: This button is visibly displayed on each Item page, enabling Buyers to communicate their intention to initiate an order for an Item on the Site. By clicking this button, Buyers can opt for Buyer Protection at a fee.
Catalogue: The Catalogue is a digital compilation of Items listed for sale on the Site by Sellers. Each category of Items has a designated section in the Catalogue.
Catalogue Rules: These are the regulations governing the Catalogue and the types of Items Users can list on the Site. The current Catalogue Rules can be accessed on the Site.
Checkout: The Checkout process is accessible to Buyers for purchasing Items on the Site. It commences when a Buyer clicks the “Buy now” button, prompting the Buyer to select a payment method and specify a delivery address. The Checkout concludes when the Buyer clicks the “Pay now” button on the checkout page.
Content: This encompasses any information, data, text, graphics, images, or other materials that are uploaded, transmitted, or displayed on the Site, as detailed in Section 11.1.
Dispute Filing Period: This signifies the timeframe within which a Buyer is eligible to initiate a dispute, as elucidated in Section 6.5.1.
Escrow: This denotes the escrow account overseen by the E-wallet Provider, where the Total Price is held from the payment until the Transaction is finalized, in accordance with Section 7.2.
E-wallet (E Sell Me Balance): This represents the financial service provided by the E-wallet Provider, enabling Users to establish E-wallets (E Sell Me Balance) on the Site. The E-wallet (E Sell Me Balance) solution empowers Users to receive funds for sold items on the Site, store the funds, transfer to their bank account, acquire Additional Services, or purchase Items from other Users on the Site.
E-wallet Provider: This pertains to E SELL ME's payment service provider, which could be Stripe, a licensed electronic money institution regulated by a financial sector supervisor, offering payment services, including E-wallet and Escrow services on the Site. Alternatively, it might be another group company licensed to provide such services in the UK and Europe. Any alterations to the E-wallet Provider will be communicated to Users in advance.
Forum: The Forum is the segment of the Site where Users can openly communicate with each other, while adhering to the Forum Rules.
Hosting Services: These are the hosting services provided by E SELL ME on the Site, enabling Users to list Items in the Catalogue, discover and review offers for sale, and engage in private or public communication.
Integrated Payment System: This denotes the online payment system that facilitates Users to make payments for Items and Services on the Site. The payment service is furnished by the Integrated Payment System Provider.
Integrated Payment System Provider: This signifies an authorized payment service provider, inclusive of the E-wallet Provider, that has entered into an agreement with E SELL ME to deliver payment services on the Site.
Integrated Shipping (Pre-paid shipping labels): This alternative facilitates the conveyance and delivery of Items procured through the Site. The transportation and delivery services are extended by one of the shipping providers endorsed by E SELL ME, requiring Sellers to employ Shipping labels generated on the Site.
Items: Items pertain to the commodities listed by Users in the Catalogue with the intention of selling them.
Professional Sellers: Professional Sellers are individuals or legal entities involved in commerce, presenting goods/items within the scope of their business endeavors. This encompasses both individuals and entities vending goods/items for commercial purposes.
News: News encompasses the content disseminated by E SELL ME on the Site, encompassing updates on short and long-term offers, contests, games, promotions, and notifications concerning new Services accessible on the Site.
Private Messages: Private Messages denote communications between Users via the Site's messaging system, where the messages remain concealed from public view on the Site.
Privacy Policy: Privacy Policy denotes the document outlining how E SELL ME collects, utilizes, processes, stores, and transfers personal data.
Seller: Seller refers to any User listing one or more Item(s) in the relevant Catalogue of the Site. In the context of payment services, a Seller is someone who has successfully completed at least one Transaction involving a sold Item.
Services: Services encompass all offerings provided by the Site, including Hosting Services, Buyer Protection, and Additional Services, with the objective of ensuring a secure and trustworthy experience on the Site.
Shipping Tracking System: Shipping Tracking System signifies the online tracking mechanism provided by E SELL ME, empowering Buyers to trace their Item's journey once dispatched when utilizing Integrated Shipping (Pre-paid shipping labels).
Significantly Not As Described: Significantly Not As Described encompasses disparities between the received Item and the Item's description/photographs, such as incorrect sizes, wrong colors, counterfeit Items, substantial damage, incorrect condition, mismatched Items, or absent Items in bundles. However, an Item does not fall under the category of Significantly Not As Described if it doesn't fit (provided the size was accurately indicated in the listing) or if differences are minor and inconsequential, not impacting the use and appearance of the Item as anticipated by the Buyer based on the Item's description and photographs.
Site: Site denotes the E SELL ME website, apps, and any other means of accessing E SELL ME's platform. The term "Site" encompasses the Services and all content, tools, features, and functionality offered on or through the platform.
Terms: Terms refer to the legally binding agreement between E SELL ME and the User, as specifically defined in the initial paragraph of these Terms and Conditions.
Total Price: Total Price denotes the comprehensive amount payable for a Transaction, encompassing the price for the Item(s) determined by the Seller, shipping fees, Buyer Protection fee, applicable taxes or fees, and fees for Additional Services for Buyers (if applicable). In the event that the Buyer opts to return the Item using a return shipping integrated label purchased on E SELL ME, the return shipping fee will be subtracted from the Total Price to be refunded to the User.
Transaction: Transaction refers to any purchase contract finalized between Users through the "Buy now" button on the Site.
User: User refers to any individual who has established an account on the Site and accepted these Terms.
User account or Account: User account or Account pertains to the account created by the User upon registration on the Site.
E SELL ME's Social Networks Accounts: E SELL ME's Social Networks Accounts pertain to E SELL ME's accounts on various social networks (such as Facebook, Google+, Twitter, Instagram, YouTube, etc.), where information about the Site and the Services it provides is disseminated, including User-generated content.
Visitor: Visitor refers to any person who visits the Site but has not created an Account.
2 INTRODUCTION
2.1 Welcome to the Site. Please carefully review these Terms, Catalogue Rules, and Forum Rules, as they establish the terms and conditions for your use of the Site. By consenting to these Terms, you gain the ability to use our Site as a User and have the opportunity to act as both a Buyer and Seller of Items. If you do not agree to these Terms, you are not authorized to utilize the Site.
2.2 Services: E SELL ME acts as an intermediary, providing Hosting Services between Buyers and Sellers. Additionally, E SELL ME offers a Buyer Protection service for a fee, applicable to all Transactions conducted using the "Buy now" button, along with Additional Services. E SELL ME holds full responsibility for the Services it delivers, within the limits of its commitments and in accordance with the conditions outlined in these Terms. E SELL ME is not directly involved in the actual buying or selling of Items displayed on the Site.
2.3 Who Cannot Use the Site:
a) Minors: The Site is not intended for use by individuals under 18 years old. If you are a parent or guardian of a minor under 18 years old, you may create an account and accept these Terms on behalf of the minor. However, you assume full responsibility for the minor's use of the Site and acknowledge that the Site is intended for individuals who are at least 18 years old.
b) Professional Sellers: Professional Sellers are not authorized to use the Site. The Site is not to be used for commercial purposes.
2.4 Site Visitors: Individuals visiting the Site have the ability to explore and view Items in the Catalogue, read the Forum and other User-generated Content, and access News and additional published information on the Site. However, it's important to note that Visitors are not categorized as Users and, as such, cannot utilize the Services. Nonetheless, these Terms may still provide valuable information to Visitors.
2.5 Account Creation: In order to engage in buying or selling Items on the Site and access Services, Users are required to register and establish a User account. During the registration process, Users must furnish accurate, current, and complete information. It is imperative to promptly maintain and update Account information. Registration entails providing an email address, username, and password. Users also have the option to link their Facebook, Google, or Apple ID profile. The provided data will be utilized in accordance with the Privacy Policy. To safeguard User Accounts and ensure security, E SELL ME may verify Account information, request additional pertinent details, or assist with verification procedures. These Security Procedures are designed to reasonably and proportionately confirm the User's identity and may involve verification through the User's telephone number, email, credit card, debit card, payment method, or bank account. Failure to provide accurate or complete information may lead to the suspension of Services until necessary corrections are made.
2.6 Additional Terms: By accepting these Terms, Users also agree to abide by the Catalogue Rules and Forum Rules (Additional Terms), which are incorporated by reference. These Additional Terms are accessible in a format that allows for reproduction and downloading on hyperlinked web pages. The use of the Services by Users is contingent upon compliance with these Additional Terms. Violation of the Additional Terms constitutes a breach of these Terms. In the event of any inconsistency between the provisions of the Additional Terms and these Terms, these Terms shall take precedence.
2.7 Third Parties' Terms and Conditions: Certain features on the Site utilize tools and services provided by third parties, each with its separate terms and conditions. For instance, utilizing the E-wallet requires acceptance of the E-wallet Provider's terms and conditions. When third-party tools and services have distinct terms and conditions, the Site will provide a link to the applicable terms and conditions, available in a format allowing for reproduction and storage within the relevant third-party services. Separate acceptance is required to utilize these third-party services.
2.8 Changes to these Terms: Any modifications to these Terms necessitate prior approval from Users, unless otherwise specified in Section 2.9. Failure to accept the updated Terms within 15 days of being notified of the changes grants E SELL ME the right to restrict a user’s ability to use the Site.
2.9 Unilateral Changes to these Terms: E SELL ME reserves the right to unilaterally amend these Terms for valid reasons, including:
a) Aligning the Terms with current or forthcoming legislative or regulatory provisions.
b) Adapting the Terms in response to decisions made by jurisdictions, consumer agencies, or other competent authorities that impact the Site's content or provided Services.
c) Adjusting Buyer Protection rates to accommodate inflation or changes in costs.
d) Preventing abuse, harm, or for security reasons.
e) Reflecting changes to Services as outlined in Section 2.11.
f) Adapting to changes in market conditions or standard industry practices.
g) Making editorial changes to rectify grammatical or spelling errors without altering the content or meaning of these Terms.
If any such changes are made, E SELL ME will provide Users with notification about the revised Terms 15 days prior to the effective date of the changes, unless:
a) Legal obligations necessitate immediate changes or changes within a shorter period.
b) The changes are made in accordance with Section 2.9 (g) above, in which case they will take effect immediately.
Upon the effective date, you are permitted to continue using E SELL ME's Services in alignment with the amended terms. The changes will not be retroactively applied and will have no impact on any prior Transactions conducted on the Site. Additionally, these revisions will not compromise the quality or alter the characteristics of the Services provided to you for the price you have previously paid to E SELL ME. Similarly, the amendments will not increase the fees you have already paid for Buyer Protection pertaining to past Transactions.
Should you find the proposed amendments unsatisfactory, you have the option to terminate your association with E SELL ME at any time, without incurring any charges. In such an event, E SELL ME will continue to fulfill its obligations regarding any ongoing Transactions you have already initiated on E SELL ME.
Any alterations to these Terms published on the Site will immediately apply to Users who complete the online registration process following the publication of said amendments on the Site.
We retain the right to introduce new Services, features, and functionalities to our Services without compromising the quality or adversely affecting:
(i) the Services provided to you for the price you have already paid to E SELL ME,
(ii) the Hosting Services offered to you in relation to the Listings and Content you have already posted on the Site.
3 LISTING ITEMS ON THE SITE
3.1 Permitted Items: Only Items meeting all of the following conditions may be listed on the Site:
3.1.1 The Item must belong to one of the categories listed under Allowed Items in the Catalogue Rules.
3.1.2 The Seller must have the legal right to transfer ownership of the Item.
3.1.3 The Seller must not offer for resale items purchased in bulk or items sold as drop shipping products with a low resale value.
3.1.4 The sale, use, or possession of the Item must not infringe upon the rights of any third party, including intellectual property rights, and must not violate any local, national, or international laws or regulations. The Item must be genuine and not counterfeit.
3.1.5 The Item must comply with all commonly applied market requirements, unless there is a mutual agreement between the Buyer and the Seller stating otherwise.
3.1.6 The Items must adhere to the E-wallet Provider's list of prohibited and restricted products and services, if applicable. The hyperlink to this list will be provided.
3.2 Uploading a Listing: To list an Item in the Catalogue, the Seller must adhere to all Catalogue Rules. The Seller must complete a questionnaire, including selecting the most appropriate category for the Item and uploading at least one high-quality photograph (or more, if necessary depending on the Item). Sellers are prohibited from using photographs sourced from the Internet or using photos of similar Items. The description and photographs of the Item must accurately represent its quality, external appearance, and any faults, defects, or alterations affecting the Item.
3.3 Sale Offer: When a Seller lists an Item in the Catalogue, and the listing is published on the Site, it constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.
3.4 Modification of a Listing: The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into a contract with a User for the sale of the Item in question. Modified Listings may no longer be eligible for Item Verification.
3.6 Removal of Content: Upon receiving proper notification in accordance with Section 11.4 below or by competent authorities, E SELL ME will promptly remove any unlawful Content. E SELL ME may also use automated software and algorithms to detect and delist or remove from the Site immediately, without prior notice, any Items or Content that:
• is clearly unlawful.
• is contrary to good moral standards or public security; or
• violates these Terms, the Catalogue Rules, or the Forum Rules. The relevant User can appeal E SELL ME’s action as described in Section 13.6 below.
E SELL ME’s use of such automated software shall not be construed as an obligation to monitor, or a duty to actively search for, unlawful activities and/or Content published on the Site and, to the extent permitted by applicable law, does not give rise to any liability for E SELL ME.
3.7 Holiday Mode: Users can activate a "Holiday" mode for their Account by adjusting the relevant settings. When the User enables the Holiday mode for their Account, Items offered for sale by such User will be hidden from other Users.
4 ADDITIONAL SERVICES
4.1 Optional Additional Services are offered to both Sellers and Buyers for a fee. Detailed information about these services, including their features, can be found on the Site's Help Centre pages dedicated to Additional Services.
4.2 Sellers have the option to select from the following payable Additional Services:
4.2.1 Bumping Listed Items: Users can increase the visibility of specific items in other Users' Item feed, newsfeed, and Catalogue search results by purchasing a "Bump." E SELL ME provides Users with statistics on the number of views and interactions with the bumped Items.
Bumps can be purchased for various durations (e.g., one or several days), and the fee depends on the chosen duration and Item price. Bumps remain valid for the selected duration or until the Item is sold, whichever comes first. They are a one-time automated service and cannot be transferred between Items or Users. If a bumped Item is removed due to non-compliance with these Terms or the Catalogue Rules, the Bump fee will not be refunded.
Additional details on bumping listed Items are available in the Help Centre.
4.2.2 Spotlight: Items featured on the Site can be showcased in a separate section of other Users' newsfeeds and Catalogue search results based on Users' preferences, catalogue filters, and most favored Items. E SELL ME provides Users with weekly statistics indicating the number of Users who viewed and interacted with Items in the spotlight.
The Spotlight functionality is contingent upon the User having a minimum of five listed Items available for sale throughout the Spotlight duration. Users cannot select specific Items to be featured in the Spotlight, and it is a one-time automated service that cannot be transferred between Users.
If one or more Items in the User's Spotlight selection are removed due to non-compliance with the Terms or Catalogue Rules, resulting in fewer than five Items remaining, the Spotlight will be terminated, and no refund will be issued to the User.
For further details on Spotlight, please refer to the help centre.
4.2.3 This section covers the payment for Additional Services, such as Bump or Spotlight. Users will be provided with the duration and corresponding fees for these services before making a payment. To complete the payment for Additional Services, Users must choose from the following options: (i) use the funds available in their E-wallet, (ii) provide credit or debit card information, or (iii) furnish details for any other available payment method on the Site. If a User provides a credit or debit card or any other payment method suspected to belong to a third party, additional evidence may be requested for verification. A confirmation of the purchase will be sent to the email address associated with the User's account.
If a User is blocked from the Site due to violations of the Terms or Catalogue Rules, all listed Items will be removed from the Site's Catalogue, and active Additional Services fees for Sellers will not be refunded.
5. BUYING ITEMS ON THE WEBSITE
5.1 Buyers can purchase items on the website by using the "Buy now" button. E SELL ME's Buyer Protection service applies to every transaction made through the "Buy now" button, subject to a fee (refer to Section 6 for details). Upon completing the Checkout process, the Buyer enters into separate agreements:
5.1.1 Agreement between Buyer and Seller: Completion of the Checkout process establishes a legally binding agreement between the Buyer and Seller. This agreement is based on (i) the item's description and photographs, (ii) mutually agreed-upon conditions, and (iii) relevant conditions outlined in the Terms. E SELL ME is not a party to this agreement, and consumer rights under UK, relevant country, or (where applicable) European consumer protection laws do not apply.
5.1.2 Agreement between E SELL ME and Buyer for Buyer Protection: The Buyer Protection service is added to every "Buy now" purchase, subject to a fee.
5.1.3 If applicable, agreement between E SELL ME and Buyer for Additional Services: Additional Services fees are added if the Buyer opts to purchase them.
5.2 Purchases made without using the "Buy now" button are at Users' own risk. E SELL ME does not provide Buyer Protection services for such transactions. For security, it is recommended to complete transactions using the "Buy now" button.
5.3 The Shipping Tracking System allows the Buyer to monitor delivery progress. E SELL ME provides this system, relying on tracking information from shipping providers. E SELL ME is not liable for inaccuracies, incompleteness, or outdated information from shipping providers, within applicable laws.
6. BUYER PROTECTION
6.1 The Buyer enjoys the following benefits under Buyer Protection:
6.1.1 E SELL ME's refund policy enables the Buyer to request refunds for lost, damaged, or significantly different Items. Details in Section 6.5.
6.1.2 E SELL ME's customer support assists with Transaction issues, delivery, and tracking details. Further details in Section 6.5.
6.1.3 Secure payments through the Integrated Payment System protect the Total Price. Payments are held in Escrow until the Transaction is completed. Details in Section 7.
6.2 Buyer Protection benefits are a package and cannot be obtained separately.
6.3 Buyer Protection Fee: Buyers are notified of applicable Buyer Protection fees before payment. The fee comprises a fixed amount (€0.3 to €0.8) and a variable amount (3% to 8% of the purchase price). The total fee is displayed on the checkout page.
6.4 Non-Insurance: Buyer Protection is not insurance. It does not replace Buyer's legal rights or guarantees.
6.5 Refund Process under Buyer Protection: Buyer has the right to a refund for loss, damage, or significant misdescription, subject to:
6.5.1 Buyer reports the issue within the Dispute Filing Period. Failure results in completed Transaction.
6.5.2 Items Lost or Damaged in transit: Buyer informs E SELL ME within the Dispute Filing Period for a refund.
6.5.3 For Significantly Not As Described Items: Buyer reports within the Dispute Filing Period:
6.5.3.1 Seller release refund, canceling the Transaction.
6.5.3.2 If Seller requests a return, Buyer sends the Item back within 5 days, covering return costs unless agreed otherwise.
6.5.3.3 Seller confirms Item condition or reports an issue within two days:
a) If the Seller reports an issue, E SELL ME investigates.
b) If Seller confirms or takes no action, Transaction is canceled, and Buyer receives a refund.
6.5.3.4 If Users escalate to E SELL ME's customer support or Seller takes no action within 14 days, E SELL ME decides based on evidence.
6.5.3.5 If Transaction cancels without return, Users communicate directly. E SELL ME no longer mediates.
6.5.3.6 For suspected counterfeit Items, Users report within the Dispute Filing Period. E SELL ME investigates, deciding based on evidence.
6.6 Return of Bundle Items: If purchased as part of a "Bundle," all Items in the Bundle must be returned for a refund. Details in the help center.
6.7 Users acknowledge E SELL ME's role in issuing refunds under Buyer Protection and agree to follow the process and cooperate.
6.8 Users can use the complaint procedure regarding E SELL ME's decision, outlined in Section 16.
7. PAYMENT FOR AN ITEM
7.1 Secure Payments via the Integrated Payment System: E SELL ME has partnered with the Integrated Payment System Provider to facilitate secure payments on the platform. The Integrated Payment System accepts credit cards, debit cards, and other payment methods introduced on the site. If there are suspicions of third-party payment methods, users may need to provide additional verification. Buyers can use their E-wallet funds, and if insufficient, cover the remaining balance with other payment methods.
Upon transaction initiation, the total price is held in escrow by the e-wallet provider. The integrated payment system collects funds from the buyer on behalf of the seller. E SELL ME provides support for e-wallet services but does not handle payment processing.
Upon completion of the transaction, the purchase price and shipping fee (if not integrated shipping) are transferred from the e-wallet provider to the seller's e-wallet. Users can transfer e-wallet funds to their bank account without fees after providing bank details.
7.3 Use Restrictions of the Integrated Payment System:
7.3.1 Prohibition of Third-Party Use: The Integrated Payment System is exclusively for sales under the user's name. Resale or granting access to third parties is strictly prohibited.
7.3.2 Limited to Permitted Items: The Integrated Payment System is for transactions related to listed items on the site and not for other products or services.
7.4 Currency; Taxes: Prices are in the user's local currency, inclusive of applicable value-added tax (VAT).
8. E-WALLET (E SELL ME BALANCE)
8.1 Establishment of E-Wallet (E Sell Me Balance): Users create an E-wallet (E Sell Me Balance) with the E-wallet Provider. Users agree to terms during creation, providing personal information for the initial sale transaction. Failure to do so within five (5) days results in transaction cancellation. Users can independently create the E-wallet before the first sale by accessing account settings.
8.2 KYC Checks: Users undergo regulatory procedures and "Know Your Customer" (KYC) checks by the E-wallet Provider after E-wallet creation. Financial thresholds trigger these checks, determined by the E-wallet Provider. Additional KYC checks may occur if suspicious activity is suspected. Users must provide requested information for identity verification, and failure may result in E-wallet suspension.
8.3 Transfer of Funds: Users initiate fund transfers from the E-wallet to a bank account, following KYC thresholds and meeting country-specific criteria. Transfers are limited to local currency bank accounts within the transaction country. Users unable to pass KYC checks cannot withdraw funds. The E-wallet Provider may suspend transaction capabilities for users engaged in illegal activities.
9. SHIPPING THE ITEMS AND SELLER COMPENSATION
9.1.1 Integrated Shipping (Pre-paid shipping labels): Sellers must use the provided pre-paid shipping label for the Integrated Shipping option. Failure results in transaction cancellation. Compensation is provided if the item is lost or damaged during transit. E SELL ME assists in the compensation process, relying on accurate information from the shipping provider unless disputed with evidence within the specified timeframe.
Integrated Shipping Availability:
Integrated Shipping with pre-paid labels is limited to specific territories.
9.1.3 Compensation for Shipping:
For alternative shipping options, the Seller may be eligible for compensation in case of lost or damaged items, up to the limit set by the shipping provider. The shipping provider directly manages and covers the compensation, and the Seller must follow the procedures outlined by the shipping provider.
9.2 Payment of Shipping Fees:
Buyers are responsible for paying shipping fees, in addition to the item price, Buyer Protection fee, and fees for any additional services (if applicable) before completing the checkout process. The applicable shipping fees will be communicated clearly to the Buyer, considering factors such as parcel size, shipping route, provider, and potential discounts.
9.3 Shipping Obligation:
Upon receiving the Total Price from the Buyer, E SELL ME will promptly notify the Seller to ship the item within five (5) working days. Failure to comply may result in transaction cancellation, with a refund to the Buyer. Sellers are responsible for ensuring proper packaging. Improper packaging leading to damage may result in the Seller not being entitled to compensation from E SELL ME or the shipping provider.
10 INTERACTION AND MESSAGES ON THE SITE
10.1 Private Messages:
Private Messages between Users are for exchanging information about items. Users must avoid sending messages containing advertising, spam, viruses, mass mailings, inappropriate or defamatory content, unlawful content, or messages that may be considered harassment.
E SELL ME may use automated software to identify inappropriate content in Private Messages. Action may include blocking or hiding messages and issuing warnings or suspensions for repeated violations. E SELL ME's use of automated software doesn't imply active monitoring for unlawful activities and is not liable for such activities to the extent permitted by applicable laws.
After completing a transaction, Buyers and Sellers can publish reviews. E SELL ME does not compensate for reviews, and users must provide fair and honest reviews. Inappropriate or false reviews can be reported, and E SELL ME may suspend accounts for violations.
10.3 Forum:
Before using the Forum, Users must familiarize themselves with Forum Rules. Users are responsible for their posted messages, refraining from sharing confidential information. E SELL ME is not accountable for Forum content or actions of Users and Visitors. E SELL ME is not liable if a User's identity becomes public due to the User's actions or actions of a third party.
11 LIABILITY
11.1 User Responsibility:
All Users are accountable for the information they publish and items they offer on the Site. This includes item descriptions, photographs, videos, and statements made to other Users. Users are also responsible for the accuracy of content such as Private Messages, feedback, and Forum posts (collectively referred to as "Content"). Users are solely responsible for transactions and resulting disputes, except where disputes arise from E SELL ME's failure to fulfill its obligations under these Terms.
11.2 Compliance with Laws:
Users must adhere to all applicable laws when using the Site. Activities that infringe on third-party rights, violate intellectual property rights, or involve counterfeit items are prohibited. Listing items that contravene laws or regulations, incite offenses, promote discrimination, hatred, or violence is not allowed. Users must avoid disseminating incorrect or confidential information, making defamatory remarks, endangering minors, publishing others' personal data, or violating privacy rights. Users should act in good faith and responsibly utilize the Site.
11.3 E SELL ME as Intermediary:
E SELL ME acts as an intermediary between Buyers and Sellers. E SELL ME may assist Users reporting misconduct and cooperate with authorities. Users failing to comply with Section 12 or violating these Terms accept responsibility for losses suffered by third parties or E SELL ME, as permitted by law. E SELL ME is not responsible for actions or omissions of Users, the accuracy of Content, safety, quality, and quantity of items, or transaction issues, except as expressly stated under Buyer Protection.
11.4 User-Generated Content:
E SELL ME assumes no responsibility for User-generated Content. Users are solely responsible for their own Content. E SELL ME is not obligated to verify Content and Items in the Catalogue and is not liable for damages or losses related to this Content and these Items. E SELL ME will promptly remove unlawful Content properly reported. If Content violates laws and/or these Terms, action will be taken against the User.
11.5 Reporting Unlawful Content:
Users or Visitors encountering Content supporting crimes, racial hatred, violence, terrorist acts, child pornography, or other unlawful content must promptly notify E SELL ME. Reporting can be done via email to support@esellme.com or by sending detailed facts to E SELL ME's address. E SELL ME reserves the right to suspend the User's account and remove Content if such reports are received.
11.6 Content Violating Terms:
Users believing that Content may violate these Terms or rights (counterfeiting, insult, breach of privacy rights, or product safety issues) can notify E SELL ME via email or detailed letter to the provided address.
11.7 Intellectual Property Rights:
Holders of intellectual property rights must submit a notice of infringement to support@esellme.com.
11.8 Product Safety:
In the event of a product safety issue, Users are advised to discontinue use of the item.
11.9 Taxation:
E SELL ME is not responsible for tax liabilities arising from Users' activities on the Site. Users are solely responsible for taxation reporting duties related to Transactions.
11.10 Data Security:
E SELL ME complies with laws to ensure data security but recommends Users take appropriate measures to safeguard their data against unforeseen events like cyber-attacks or security breaches.
12 USER OBLIGATIONS
12 USER RESPONSIBILITIES
12.1 Ensuring Safe Usage:
E SELL ME diligently strives to ensure Users' safe site usage, integral to all services. This secure experience depends on Users adhering to regulations in these Terms, including those specified in this Section 12 and Sections 13.2 and 13.3.
12. USER RESPONSIBILITIES
12.1 Ensuring Secure Usage:
In delivering services, E SELL ME diligently strives for the safe utilization of the site by users. A secure and trustworthy experience is integral to all services. However, maintaining this environment relies heavily on user conduct. Thus, when using the site, users must adhere to the regulations outlined in these Terms, including those in Section 12 and Sections 13.2 and 13.3.
12.2 User and Visitor Obligations:
Users and visitors are required to:
Provide accurate information, including their name and email address, when registering on the site.
Register on the site only once, refraining from creating multiple accounts, unless unauthorized access occurs. In such cases, users may create another account after notifying and having the original account blocked by E SELL ME.
Refrain from using the site and/or services with the intention of engaging in unlawful or fraudulent actions or transactions.
Provide objective, accurate, comprehensive, and detailed information about items being sold.
Ensure accuracy in the proposed price for the sale of items and other relevant information.
Abstain from copying any content or information displayed on the site without authorization.
Avoid using any content or information found on the site for unlawful purposes.
Additional Guidelines for Users and Visitors:
Refrain from using external software tools, such as bots, scraping programs, crawling programs, and spiders, unless authorized by E SELL ME.
Prohibit sharing, publishing, or using misleading or incorrect information and/or data.
Discourage the acquisition of goods forbidden or restricted in sale or possession.
Prohibit using photographs without intellectual property rights, sharing or publishing photographs that depict people without their consent, and avoiding photographs considered contrary to good moral standards and/or public security.
Strictly forbid publishing content that praises, promotes, encourages, or incites illegal activities.
Users must not offer, sell, buy, or transfer items that infringe upon the intellectual property rights of third parties.
Further User Obligations:
Users must abstain from using external software tools during the registration process or while using the site and/or services, unless permitted by E SELL ME.
Users must not share, publish, or use misleading or incorrect information, violate applicable laws and/or regulations, or use programs and/or computer files that may disrupt the normal operation of the site and/or services.
Users are prohibited from offering, sharing, or promoting links to other websites and/or companies with illegal or contrary content policies.
Prohibit mining data, screen scraping, or crawling any part of the site.
Prohibit disassembling, decompiling, or reverse engineering any part of the site.
Prohibit adapting, copying, varying, editing, distributing, or commercializing any content on the site without prior written consent from E SELL ME.
Users must not collect, hold, transmit, or disclose data of other users or data on their actions if obtained illegally or following an unlawful action or omission.
Users must not collect, hold, transmit, or disclose information that may affect the rights of other users, excluding the "share" function for public information available on the site in E SELL ME's Social Networks Accounts or their own social network accounts.
12.5 Account Security and Confidentiality:
Users are obligated to maintain the confidentiality of their account login details and password, refraining from disclosing such information to third parties, except for individuals authorized by the user. The user holds sole responsibility for all activities under their account. If there is suspicion or awareness of unauthorized access, the user must promptly notify E SELL ME through the provided contact form.
12.6 Information Accuracy and Updates:
Users agree to promptly update any outdated or inaccurate information on the site, including details provided during registration, account information, and information about items listed in the catalogue.
12.7 User Affirmations:
When using the site, users affirm that they are at least 18 years old (or a parent/legal guardian is overseeing their usage), using services for personal purposes, and possess full capacity and rights for site transactions. Users acknowledge their responsibilities as defined in the agreement between buyers and sellers and recognize their commitment to purchasing items when placing an order.
Additional User Commitments:
Users must pay the Buyer Protection fee for transactions made using the "Buy now" button.
Users must pay E SELL ME for acquiring Additional Services.
Section 13: Restriction and Blocking of User Accounts
13.1 Restriction and Blocking Overview:
E SELL ME reserves the right to restrict or block user accounts for maintaining a secure environment. Restrictions may limit access to certain site features, while blocked accounts lose access entirely. E SELL ME may use automated software and algorithms for these actions.
13.2 Blocking Criteria with Notice:
Accounts may be restricted or blocked with notice if users violate terms, provide incorrect information, insult others, misuse functionalities, or engage in professional activities contrary to catalogue rules.
13.3 Immediate Account Blocking Criteria:
E SELL ME can immediately block accounts without notice in cases involving e-wallet provider reports, user-initiated payment disputes, violation of laws, public security concerns, identity falsification, fraud suspicion, regulatory obligations, IT security risks, or repeated/severe violations.
13.4 Notification and Appeals:
Users will be notified of restrictions/blocks unless prohibited by law, with reasons provided. Users may appeal such actions by emailing support@esellme.com.
13.5 Investigations and Reporting:
E SELL ME reserves the right to investigate breaches, reporting to relevant institutions and authorities in compliance with applicable laws.
13.6 Appeal Process:
Users may contest E SELL ME's decisions by emailing support@esellme.com.
Section 14: E SELL ME's Rights and Obligations
14.1 Reorganization and Termination:
E SELL ME may reorganize the site or terminate operations with 30 days' notice to users.
14.2 Guarantee of Conformity:
Users are entitled to a legal guarantee of conformity for digital services provided by E SELL ME, ensuring responsibility for any lack of conformity.
14.3 Platform Availability:
E SELL ME is not liable for site interruptions during maintenance, ensuring timely communication about planned/unplanned availability restrictions.
14.4 Digital Services Guarantee:
Users are entitled to a legal guarantee of conformity for E SELL ME's digital services. E SELL ME takes responsibility for any lack of conformity discovered by the user within two years of the one-time supply of digital services or during continuous supply. To submit a claim, users can contact E SELL ME as outlined in Section 16.
14.5 Site Availability:
E SELL ME is not liable for interruptions in site availability due to regular/emergency maintenance or external factors beyond its control. In line with user interests and platform safety, E SELL ME strives to inform users about planned/unplanned availability restrictions, schedule downtime outside peak hours, and limit regular maintenance downtime reasonably, considering market standards. E SELL ME's liability under mandatory laws remains unaffected.
15.1 Privacy Policy:
The Privacy Policy details the collection and processing of personal data by E SELL ME, specifying that it is not contractual and doesn't form part of the Terms.
15.2 Data Accuracy Responsibility:
Users are responsible for providing accurate data to E SELL ME and promptly updating personal information if changes occur.
15.3 Independent Data Processing:
Users processing personal data independently are accountable for compliance with data protection laws, including GDPR.
Section 16: Governance, Dispute Resolution, and Termination
16.1 Governing Laws:
These Terms are governed by the national law of the user. Claims can be filed in the court of the user's residence or domicile. Claims against E SELL ME are subject to Republic of Ireland laws and the non-exclusive jurisdiction of Republic of Ireland courts.
16.2 Dispute Resolution:
Users are encouraged to contact E SELL ME for amicable resolution in case of disagreements. The resolution process involves submitting a written complaint to the Customer Service Department, with efforts made to resolve complaints amicably. If unresolved, users may explore alternative dispute resolution methods, with E SELL ME considering user-proposed methods.
16.3 Termination:
Users can terminate their relationship with E SELL ME at any time, provided all prior transaction obligations are fulfilled. Termination can be done by canceling the account or emailing support@esellme.com. E SELL ME can terminate the agreement with a 15-day notice.
16.4 Termination Right:
E SELL ME retains the right to terminate the agreement governed by these Terms, providing a 15-day notice period.
16.5 Rights and Licensing:
E SELL ME, its group companies, and licensors possess all rights, especially intellectual property rights, related to the Site. This encompasses algorithms, layout, design, software, trademarks, and domain names.
16.6 User-Submitted Content License:
By submitting information or data, such as photographs, on the Site, users grant E SELL ME and its affiliates a non-exclusive license to use the content globally. This license allows E SELL ME to use, copy, reproduce, display, and adapt the content for the applicable rights duration. Users can opt out of this license for advertising purposes in their Account settings.
16.7 Communication and Partnership:
All communications between the User and E SELL ME will follow the methods outlined in the Terms. The Terms do not establish a partnership, labor law relationships, relationships between a commercial agent and their customer, or a franchise relationship.
16.8 Transfer of Rights and Obligations:
E SELL ME may transfer and/or assign all rights and obligations under these Terms to a third party, subject to applicable data protection laws. Such transfers release E SELL ME from obligations as the Site operator, with Users having the right to terminate their relationship upon notice of transfer.
16.9 User Objections:
Users can express objections to Site or Services access, use, or operation by submitting a notification at any time. Notifications can be sent to E SELL ME via email at support@esellme.com or by mail to the specified address.
16.10 Validity of Terms:
If any term or part of the terms is deemed invalid, unlawful, or unenforceable, that specific term will be separated, and the remaining terms will remain valid and enforceable to the maximum extent permitted by law.
16.11 Entire Agreement:
These Terms, along with referenced documents, constitute the entire agreement between E SELL ME and the User, superseding and replacing all previous agreements, promises, assurances, warranties, representations, and understandings, whether written or oral. E SELL ME and the User acknowledge that they have not relied on any statement, representation, assurance, or warranty not explicitly stated in these Terms or referenced documents.
Note: The hosting of the Site is managed by E SELL ME LIMITED.
eSellMe.com
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