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Terms and Conditions

Last updated: 11.12.2023

   1. Introduction

1.1. We are Everused limited (‘Company’, ‘we’, ‘us’, or ‘our’). We operate the website https://everused.co.uk (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’). Everused Limited is an online marketplace that connects sellers with buyers where all transactions are managed by our platform. You can contact us by email at contact@everused.bio-invest.org. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Everused Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.2. We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by contact@everused.bio-invest.org, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

1.3. Everused Limited is an online marketplace that connects sellers with buyers and all transactions are managed by our platform.

1.3. If you register with our website, submit any material to our website, or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4. You must be 18 or over years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of If you are less than 18 years old, you must be supervised by a guardian who will be responsible for your actions while on the website.

   2. Our service

2.1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

   3. Intellectual property rights 

3.1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

3.2. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

3.2. The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.

   4. Copyright notice

2.1. Copyright 2023 subject to the express provisions of these terms and conditions:

a) shopbymia, together with our licensors, owns and controls all the copyright and other intellectual property rights in our website and the material on our website; and

b) all the copyright and other intellectual property rights in our website and the material on our website are

   5. Permission to use the website

5.1 You may:

a) view pages from our website in a web browser;

b) download pages from our website for caching in a web browser;

c) print pages from our website for your own personal and non­ commercial use, providing that such printing is not systematic or excessive;

d) stream audio and video files from our website using the media player on our website; and

e) use our website services using a web browser,

5.2. Except as expressly permitted by Section 1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

5.3. You may only use our website for your purposes; you must not use our website for any other purposes including commercial selling.

5.4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

5.5. Unless you own or control the relevant rights in the material, you must not:

a) republish material from our website ( including republication on another website);

b) sell, rent, or sub-license material from our website;

c) exploit material from our website for a commercial purpose; or

d) redistribute material from our website.

5.6. Notwithstanding Section 5, you may redistribute our newsletter in print and electronic form to any person.

5.7. Everused Limited reserves the right to suspend or restrict access to our website, to areas of our website, and/or to functionality upon our We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

   6. Misuse of website

6.1. You must not:

a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website;

b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

c) hack or otherwise tamper with our website;

d) probe, scan, or test the vulnerability of our website without our permission;

e) circumvent any authentication or security systems or processes on or relating to our website;

f) use our website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity, and processing capacity);

h) decrypt or decipher any communications sent by or to our website without our permission;

i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction,  and data harvesting) on or about our website without our express written consent;

j) access or otherwise interact with our website using any robot, spider, or other automated means, except for search engine indexing;

k) use our website except using our public interfaces;

l) violate the directives set out in the text file for our website;

m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or

n) do anything that interferes with the normal use of our website.

6.2. You must ensure that all the information you supply to us through our website, or about our website, is true, accurate, current, complete, and non­ misleading.

   7. Use on behalf of an organisation

7.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

a) yourself; and

b) the person, company, or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, [unless the context requires otherwise ] OR [except that [specify exceptions]].

   8. Buyer registration and accounts

8.1. This Section 8 applies to buyers and prospective

8.2. To be eligible for a buyer account on our website under this Section 8, you must be at least 18 years of age and a resident of the United Kingdom

8.3. You may register for a buyer account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you

   9. Seller registration and accounts

9.1. This Section 9 applies to sellers and prospective sellers.

9.2. To be eligible for a business account on our website under this Section 9, you must be:

a) be at least 18 years of age and resident in the United Kingdom;

b) if you are a sole trader or partnership, you must be established under the laws of the United Kingdom; and

c) if you are a limited company or other limited liability entity, you must be incorporated in the United Kingdom.

9.3. To be eligible for an individual account on our website under this Section 9, you must be at least 18 years of age and resident in the United Kingdom or if you are below 18 you must be supervised by the guardian under the account of the guardian.

9.4. You may register for a seller account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website sends to you.

9.5. You must keep your seller account information up to date.

   10. User login details

10.1. If you register for an account with our website, we provide you with OR you will be asked to choose a user ID and password.

10.2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 22; you must not use your account or user ID for or in connection with the impersonation of any person.

10.3. You must keep your password save

10.4. You must notify us in writing immediately if you become aware of any disclosure of your password.

10.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

   11. Seller listing

11.1. If you register with our website as a seller, you will be able to submit listings to the website

11.2. The seller can list up to £1000 worth of listings

11.3. To create a listing the seller must follow listing rules

11.4. Listings that are submitted will be automatically processed OR  individually reviewed within 24 hours following submission.

11.5. Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish, and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing

11.6. If we permit the publication of a listing, it will remain published on our website for 30 days, if unsold the listing will automatically renew unless sold or the seller removes the listing

11.7. Listings submitted to our website must be true, fair, complete, and accurate in all respects

11.8. Listings must be allocated to the appropriate category. If you cannot identify an appropriate category for a listing, please contact us.

11.9. You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

11.10. You must ensure that all prices specified in or about a listing are in pounds Sterling only.

11.11. The main parameters that determine the relative prominence of listings when users search for listings or browse the listings categories on our website are as follows:

a) about listing searches, the extent to which the relevant title and description match the relevant search terms; and

b) about listing category browsing, the filters applied by the user (the default filter being specified filter) – condition 

c) add more

   12. Product rules 

12.1. You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:  confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any illegal Submission, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading

12.2. The only products that may be the subject of a listing on our website are products falling within the following categories:

12.2.1. Womenwear – dress, trousers, skirts. shorts, tops, jackets, denim, accessories such as hats, gloves; footwear – only new with tags or new without tags

12.2.2. Menwear – tops, jumpers, suits, footwear same applies as for womenswear

12.2.3. Kids- any type of clothes and shoes, toys and nursery furniture

12.2.4. Entertainment – books in any language, video games, consoles, etc.

12.3. You must not use our website to advertise, buy, sell, or supply services, intangible products, or downloadable

12.4. You must not advertise, buy, sell, or supply through our website any product that:

a) breaches any law, regulations, or code, or infringes any person’s

b) intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

c) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 22 ]; or

d) [is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right]. Full list her

   13. Data

13.1. We will have access to all information provided or generated by you and other users in the course of the use of our marketplace services.

13.2. We may provide to third parties information provided or generated by you and other users in the course of the use of our marketplace services in the following circumstances only:

a) where necessary for the proper functioning of our website;

b) in the case of non-personal data, (detail sharing), and

c) in the case of personal data, by our privacy policy, (which includes information about opting out of such data sharing)

13.3. You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our marketplace services (except as specified in Section 13).

   14.  Purchases and Payments

14.1. We accept the following forms of payment:

– Visa

– Mastercard

– Apple Pay

– Google Pay

14.2. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

14.3. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

14.4. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

   15. The buying and selling process

15.1. You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances: [ [describe contracting process]] OR [

a) a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

b) if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;

c) once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale;

d) the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer’s payment to the seller; buyers must submit payment in full via credit or debit card;

e) the website will then send to the buyer an automatically generated acknowledgment of payment;

f) once the seller has checked whether it is able to meet the buyer’s order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) or the seller will confirm by email that it is unable to meet the buyer’s order

g) the buyer will receive an update from the seller when the parcel is sent

h) the buyer will confirm on the profile when the parcel arrives

   16. Terms and conditions of sale

16.1. Sellers must use the website interface to create legal notices applying to their relationships with customers.

16.2. A seller must ensure that:

a) the seller’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations;

b) to the extent required by applicable law, the seller registers with relevant tax authorities and pays all relevant taxes about the seller’s product sales; and

c) the seller complies with all other laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, and the Electronic Commerce (EC Directive) Regulations

16.3. Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law) ] OR Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

a) the price for a product will be as stated in the relevant product listing

b) the delivery must be sent within 48 hours after the buyer makes the purchase

b) deliveries of products must be made within 7 following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree;

d) appropriate means of delivery of products must be used by the seller; and

e) products must be as described or have minor differences and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer

f) add more

   17. Cancelation and Returns policy 

17.1. This Section 17 applies if and only if the seller is a trader (a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

17.2. The buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

a) beginning upon the submission of the buyer’s offer; and

b) ending at the end of 14 days after the day on which the goods come into the buyer’s physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer’s physical possession or the physical possession of a period identified by the buyer to take possession of them).

14.3. To withdraw an offer to contract or cancel a contract on the basis described in Section 17, the buyer must inform the seller of the buyer’s decision to withdraw or cancel (as the case may be). The buyer may inform the seller using any clear statement setting out the In the case of cancellation, the buyer may inform the seller using the cancellation form that we or the seller will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

14.4. If the buyer cancels a contract on the basis described in this Section 17, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller or a person authorised by the seller to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller of the decision to cancel the contract. The buyer must pay the direct cost of returning the products

14.5. If the buyer cancels an order by this Section 17, the buyer will receive from the seller a full refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except:

a) if the buyer chooses a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and

b) as otherwise provided in this Section 14

14.6 If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics, and functioning of the products, the seller may recover that amount from the buyer up to the contract price. The seller may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount directly to the seller. Handling that goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics, and functioning of the products” for these purposes.

14.7. The seller will refund money using the same method used to make the payment unless the buyer has expressly agreed In any case, the buyer will not incur any fees as a result of the refund.

14.8. Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 17 within 14 days after the day on which the seller receives the returned products or ( if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within 14 days after the day on which the seller is informed of the withdrawal or cancellation.

14.9. The buyer will not have any right to cancel a contract as described in this Section 17 insofar as the contract relates to:

a) the supply of any sealed audio recordings, sealed video recordings, or sealed computer software which have been unsealed by the buyer];

b)[the supply of products the price of which is dependent upon fluctuations in financial markets which the seller cannot control and which may occur during the cancellation period];

c) [the supply of newspapers, periodicals, or magazines, except subscription contracts for the supply of such publications];

d) [the supply of goods which are liable to deteriorate or expire rapidly];

e) [the supply of non-prefabricated goods that are made based on an individual choice of or decision by the buyer, or goods that are personalised];

f) [the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer]; and

g) [the supply of goods which are, according to their nature, inseparably mixed with other items after delivery].

   18. Seller Fees 

15.1.

15.2.

15.3.

 

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