This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we shall facilitate the purchase and sale transactions that are carried out on in respect of the products (Products) listed by you on our website (our site). In facilitating the aforementioned purchase and sale transactions we are providing a service that is restricted to the listing of your Products on our site and for the avoidance of doubt the purchase and sale transactions in connection with the Products are between you and a relevant purchaser.
These Terms will apply to the arrangements between us for the sale and purchase of your Products on our site (Contract). Please read these Terms carefully and make sure that you understand them, before registering on our site.
Please click on the button marked "Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not have registered on our site and you will not be able to list any Products on our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to list Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms are only in the English language.
1.INFORMATION ABOUT US
1.1 We operate the website http://profr.co.uk. We are Factory Apps Limited, a company registered in England and Wales under company number 8192199 and with our registered office at 75 Penn Lea Road Upper Weston Bath Avon BA1 3RQ. Our main trading address is 75 Penn Lea Road Upper Weston Bath Avon BA1 3RQ. Our VAT number is 144050451
1.2 To contact us, please see our Contact Us page firstname.lastname@example.org.
2.FEES AND SERVICES
2.1 Subject to you registering to use our site, you will be entitled to list Products for sale on our site, in return for payment to us of a fee (Listing Fee). The Listing Fee is the price that we will charge you for listing your Products for sale on our site. The Listing Fee shall be charged to your account at the time of listing the Products on our site. The Listing Fee shall be non-refundable other than if we fail due to our own default or negligence to list the Products on the date which we have agreed with you, in which case and at your reasonable election we shall offer either (i) a refund of the Listing Fee which you paid to us for the Products which we failed to list or (ii) a further listing of the same Products for the equivalent amount of the Listing Fee which you have already paid..
2.2 If a user of our site purchases the Products which you have listed for sale on our site then the purchaser shall pay to our account on your behalf an amount that the purchaser has agreed to settle with you for the Products (Purchase Price). Within thirty (30) days of receipt by us of the Purchase price we shall deduct a further fee (Commission Fee) from such Purchase Price pay and pay over to your account the balance (Sale Amount).
2.3 If prior to receipt by you of the Sale Amount, the purchaser is entitled to reject the Products for whatever reason and requires from you reimbursement of the Purchase Price, you shall authorise and instruct us to reverse the Purchase Price to the account of the purchaser. On such authorisation and instruction you will become liable to us for payment of the Commission Fee.
2.4 If after receipt by you of the Sale Amount, the purchaser is entitled to reject the Products for whatever reason and requires from you reimbursement of the Purchase Price, you shall not seek recovery from us for re-payment to you of the Commission Fee.
3.USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4.HOW WE USE YOUR PERSONAL INFORMATION
5.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 For the steps you need to take to list Products our site, please see our see our Merchant Centre pages http://profr.co.uk/merchant_centre/listing.
5.2 Our listing process allows you to check and amend any errors before uploading your Products on our site. Please take the time to read and check your order at each page of the listing process.
5.3 After your Products are listed, you will receive an e-mail from us acknowledging completion of the listing process.
5.4 If we are unable to list the Products, for example because that Product is not in stock or no longer available or because of an error in the description of the Products or their prices then you must inform us of this by e-mail and we will take steps to remove the Products from our site..
6.OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances: (a)changes in how we accept payment from you; (b)c hanges in relevant laws and regulatory requirements
6.2 Every time you list Products on our site, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7.1 Nothing in these Terms limits or excludes our liability for: (a)death or personal injury caused by our negligence; or (b)fraud or fraudulent misrepresentation;
7.2 Subject to clause 7.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue; (b)loss or corruption of data, information or software; (c)loss of business opportunity; (d)loss of anticipated savings; (e)loss of goodwill; or (f)any indirect or consequential loss.
7.3 Subject to clause 7.2 and clause 7.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed [£[AMOUNT].
7.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9. OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing..
9.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.6 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.