Contents
• Definitions
• Introduction
• Conditions relating to all users of Bouf.com
• Conditions relating specifically to Sellers
• Conditions relating specifically to Buyers
Definitions
"You" means you, the user of the Bouf.com Site and "Your" shall be interpreted accordingly. "We/Us" means Bouf Limited of 5 Maidstone Buildings Mews, 72-76 Borough High St, London SE1 1GN, United Kingdom and "Our" shall be interpreted accordingly. "Bouf.com Site" shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via the Bouf.com Site. "Users" means the users of the Bouf.com Site collectively and/or individually as the context admits. "Website" and "Site" means a site on the World Wide Web.
Introduction
Welcome to Bouf Limited's ("Bouf" or "Bouf.com") online e-commerce website, Bouf.com (the "Site"). Any person who wants to access the Site to Buy, Sell or Pre-order goods or services ("items") or to use the other services provided (collectively, the "Services") must accept these Terms and Conditions without change.
BY USING THE WEBSITE (BOUF.COM), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT.
In particular, you acknowledge that you have read and understood the clauses in this Participation Agreement relating to: Bouf Limited's disclaimer of warranties; limitation of liability; protection and use of your personal data; your consent to the publication of feedback and ratings about your performance on the Site; and the manner in which Bouf Limited may make changes to this Participation Agreement. Please note that, although Bouf Limited may list items for sale via the Bouf Limited platform, Bouf Limited is not a Seller for the purposes of this Participation Agreement.
General Conditions Relating to All Users of Bouf.com
These conditions are to be accepted in conjunction with the Bouf Limited Terms and Conditions document.
1. Conditions relating to Sales
1.1 Eligibility and Registration Requirements
1.1.1 Use of the Services is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales (for example minors are not permitted to use the Services).
1.1.2 Only visitors to the Site who register and enter into this Participation Agreement ("participants") may participate in ordering, buying or selling on the Site. In order to sell items at Bouf.com you must register for a Seller Account with Bouf Limited, which you can do so on the Bouf.com web site. By purchasing goods at Bouf.com, you are accepting the terms and conditions expressed in this Participation Agreement.
1.1.3 If you are selling goods as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing.
1.1.4 To register as a Seller you must provide your real name, address, phone number, e-mail address and valid credit or debit card information. You must also supply your PayPal account email address which we will use to transfer your earnings to you each month. You warrant to Bouf Limited that the information you provide during the registration process (and any notification of change of such information) is true and correct.
1.1.5 You are obliged to notify Bouf Limited of any changes to your registration information immediately. You can use Your Account to manage your details.
1.1.6 Bouf Limited reserves the right to reject any registration in its sole discretion.
1.1.7 If you provide false or incorrect registration information or do not notify Bouf Limited of changes to your registration information immediately, Bouf Limited reserves the right to terminate your account immediately and without notice to you.
1.1.8 You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
1.1.9 Unless otherwise indicated, Bouf Limited itself and its affiliates may participate in Sales (as that term is defined in Clause A.3.1). When Bouf Limited or its affiliates offer goods for Sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this Agreement as any other seller on this Site. In addition, employees of Bouf Limited are permitted to participate in their personal capacity (i.e., not as Bouf Limited employees, representatives or agents) in the transactions conducted through this Site subject to Bouf Limited's internal employee policy. Bouf Limited employees, representatives or agents, when participating in any transaction in their personal capacity, are subject to this Participation Agreement.
1.2 International sales
In listing an item for sale internationally, the Seller may also have to comply with laws of the country in which both the Buyer and Seller resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items. It is the Seller's responsibility to ensure that they are complying to the laws of their residing country and the countries that they ship items to. Bouf Limited accepts no responsibility for the misconduct or illegal conduct of its registered Sellers. When completing the setup of your Seller Account, you must specify the countries which you are happy to ship your items to. You can update your Shipping Preferences in your Seller Account at any time.
1.3 Prohibited Items
Any registered Seller may list an item for Sale on the Site. However, the following items must not be listed on the Site by Sellers or purchased by Buyers (irrespective of whether the item is listed on any of the other participating Bouf Limited sites):
1.3.1 Offensive material, including material that incites racial hatred or promotes discrimination based on race, cat, religion, national origin, physical ability, sexual orientation or age;
1.3.2 Obscene material including pornographic material (eg: material rated R +18, home porn and hardcore material);
1.3.3 Living animals;
1.3.4 Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
1.3.5 Firearms and ammunition;
1.3.6 Stolen goods;
1.3.7 Advertisements;
1.3.8 Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (eg: pirated software, CDs, videos and DVDs, OEM software and so on). New Region-1 DVDs may be listed by sellers resident within the USA or Canada only and must be dispatched to buyers from the USA or Canada;
1.3.9 Illegal or prescription drugs;
1.3.10 Items whose sale, distribution or offering for sale is prohibited by any applicable law;
1.3.11 Items whose sale is subject to export restrictions (eg: Cuban cigars, certain encryption software and so on);
1.3.12 Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws).
1.4 Contract fulfillment
1.4.1 On the completion of a Sale, Bouf Limited will send to the Seller, an e-mail with the Buyer's order details. Sellers must specify the dispatch time of an item when they list their item. They are obliged to dispatch their item within this period.
1.4.2 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the close of an auction or completion of a Fixed Price Sale to complete the transaction in writing and/or in the relevant form (as the case may be).
1.4.3 Unless the Buyer and Seller expressly agree otherwise, the following terms and conditions will apply to the contract between the Buyer and Seller for the sale of the relevant item:
(a) the Buyer will be required to make full payment to the Seller of the item, via Bouf.com's secure online checkout process, controlled by PayPal (http://www.paypal.co.uk). Please note Bouf.com is a marketplace, and as that transactions at Bouf.com are between Buyer and Seller, and NOT between Buyer and Bouf Ltd.
(b) the Seller must specify a dispatch date when listing each item. For example, the Seller agrees to dispatch the item within "1 - 2 business days" of receiving the order confirmation email from Bouf.com
(c) all postage, customs and excise duty, VAT and any other taxes associated with the sale (if applicable) will be paid by the Buyer and it is the Seller's responsibility to determine, collect and remit the applicable VAT, customs and excise duties and any other taxes associated with the Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold must be displayed inclusive of any customs and excise duty, VAT and any other taxes associated with the Sale, which may be applicable and Sellers will not charge or seek to charge the Buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
(d) Buyers are required to pay Sellers in the currency in which the Sale is listed which is usually Great British Pounds Sterling;
(e) the sale will be subject to any warranties implied under applicable law; and
(f) the contract between the Buyer and Seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
1.6 Termination
Bouf Limited may, in its sole discretion, terminate this Participation Agreement, access to the Site or the Services, or any current Sales immediately without notice if your participation agreement with any of the other Bouf Limited sites is terminated or for any breach of any terms of this Participation Agreement.
1.7 Bouf Limited's Reservation of Rights
Bouf Limited retains the right to, if it considers it appropriate: immediately halt any Sale; prevent or restrict access to the Site or the Services; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site under this Participation Agreement. Bouf Limited reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to generality of the rights in this clause 1.7, and to any other rights that Bouf Limited may have in this Participation Agreement, Bouf Limited reserves the right to refuse listings or to immediately remove any listings where Bouf Limited objects to how you identify yourself on the Site (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name contrary to the requirements set out in paragraph 1.10.4, and/or if you are otherwise in contravention of the requirements set out in paragraph 1.10.4.
1.8 Ratings and Feedback
1.8.1 Buyers may leave feedback ("Feedback") for Sellers relating to their performance. You acknowledge and accept that your Feedback and Rating will be publicly available for viewing on the Site. Bouf Limited is not responsible for checking or editing the Feedback or Ratings on the Site. You consent to the publication of, and authorise Bouf Limited to publish, feedback and ratings even though such feedback or ratings may be critical or defamatory of you and even though Bouf Limited may be aware or ought reasonably be aware that such feedback or ratings caused or contributed to the publication of a statement that is defamatory of you. You release Bouf Limited from and waive all rights against Bouf Limited in respect of any liability arising out of or in connection with the publication of any defamatory comments about you in such feedback and ratings.
1.8.2 When submitting Feedback and Ratings, you must comply with the Feedback Guidelines. You agree to indemnify and hold harmless Bouf Limited and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Feedback or Ratings left by you on the Site.
1.9 Outages
1.9.1 If, as a result of any interruption to or unavailability of, the Services or the Site (whether for planned maintenance, repairs or otherwise) any Sales (namely, listings by Sellers) becomes unavailable for a period of time, then: (a) If such period of unavailability is less than or equal to 60 minutes, the Sale will not be extended, even if the Sale closes during the period of unavailability; (b) If such period of unavailability is greater than 60 minutes but less than or equal to 120 minutes, the duration of the Sale will be extended for a period equivalent to double the period of unavailability; (c) If such period of unavailability is greater than 120 minutes, the duration of the Sale will be extended for a period of 24 hours.
1.9.2 The extension of a Sale, as the case may be, is the participant's sole remedy for any interruption to or unavailability of, the Service or the Site.
1.10 Grants of Licence, Intellectual Property and Linking and Framing
1.10.1 Licenses (a) Your Grant. By entering into this Participation Agreement and listing an item, you grant Bouf Limited and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or bids or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date. (b) Bouf Limited's Grant. Bouf Limited grants you limited non-transferrable license to each participant to make personal use only of the Site and the Services in accordance with this Participation Agreement. This license expressly excludes, without limitation: any resale or commercial use of the Site and the Services; modifying, distributing, copying, republishing or making any derivative of the Site or the Services; the collection and use of participant e-mail addresses or other participant information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.
1.10.2 Intellectual Property Rights
Subject to the licence granted to you under Clause 1.10.1(b), Bouf Limited reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Site and the Services. Any goodwill accruing out of the use of Bouf Limited's and its affiliates' trade marks, trade and business names and service marks under this Participation Agreement will vest in Bouf Limited and its affiliates, as the case may be.
1.10.3 Linking to the Site and prohibition on Framing
Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the Site posted or maintained on any location by you or on your behalf, conveys users directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the Site as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the Site.
1.10.4 Linking off the Site
Sellers must not include any links (graphical, text or otherwise) in any Sale listing on the Site, save where such links convey users directly to another location on the Site, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by Bouf Limited, you will not, and you will cause your affiliates not to, directly or indirectly (eg: through a Third Party (as defined below):
(a) sell, barter, disclose or transfer to any Third Party (which in this clause 1.10.4 shall mean any party other than you or your affiliates ("Third Party"), any data acquired by you as a result of any transaction (whether this is information that pertains to the identity of a user and/or buyer, the order or referral information (here meaning any information disclosing that a buyer purchased a product through the Site, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
(b) send to any user or buyer of the Services any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
(c) send to any user or buyer of the Services any electronic communication except as necessary to complete any buyer's transaction or to respond to a customer service enquiry made by such buyer concerning such transaction;
(d) use any domain name (or any part of it) on the Site and/or otherwise in any communications that you have with any user of the Services and/or any buyer (by way of example but not limitation, you should not use "www" ".com", ".co.uk" or similar domain name identifiers);
(e) include in any communication made or authorised by you with any user of the Services and/or any buyer including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and alike sent with it), order confirmation and/or other communication made in connection with the fulfilment of a transaction:
(i) any offer from or reference to any Third Party and/or
(ii) any link or reference to any website other than the Site (or otherwise seek to direct any person to any website other than the Site), except that you may include in any communication to a buyer links or references (or otherwise direct such buyer to your website solely in connection with your fulfilment of, or as necessary to provide customer service with respect to such applicable purchase);
(iii) any reference to domain names;
(f) target (on any basis via any means) unsolicited communications of any kind to any user of the Services and/or any buyer. You will comply with the Data Protection Act 1998, including, but not limited to, the Seventh Principle.
1.11 Data Protection and Privacy
1.11.1 Bouf Limited uses your personal data in the manner set out in the Privacy Notice and as further described in this Participation Agreement (eg: in clauses 1.4.1 and 1.8.1), which is incorporated into this Participation Agreement by reference, in so far as it is applicable to personal data collected or used in connection with the Site and the Services. By using the Services and the Site, you consent to the collection and use of your personal data by Bouf Limited in the manner set out in the Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on the Privacy Notice page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy Notice frequently for changes. Please note that the information you provide to us in using the Services and the Site will be transferred outside the European Economic Area for the purposes of processing by Bouf Limited and its affiliates and in order to maintain customer accounts for you at other Bouf Limited sites. By using the Services and the Site, you consent to this transfer.
1.11.2 Unless otherwise authorised or consented, you agree not to use any information regarding other participants that is accessible from the Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
1.12 No Warranties
1.12.1 Disclaimer of Warranties. The site and the services are provided on an "as is" basis. Bouf Limited makes no other representations or warranties of any kind, express or implied, including without limitation:
(a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(b) that the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
(c) the information, content, materials or products included on the site will be as represented by sellers, available for sale at the time of sale, lawful to sell, or that sellers or Buyers will perform as promised.
(d) any implied warranty arising from course of dealing or usage of trade; and
(e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Bouf Limited. To the full extent permissible under applicable law, Bouf Limited disclaims any and all such warranties.
1.12.2 General Release. In the instance when a transaction involves a third-party Seller and Buyer, if a dispute arises between one or more participants, each of you release Bouf Limited (and its employees, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
1.13 Limitation of Liability
1.13.1 to the fullest extent permitted at law, bouf limited will not be liable (whether in contract, tort--including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with the participation agreement, the site, the services, the inability to use the services or those resulting from any goods or services purchased or obtained or messages received or feedback or ratings posted to the site or transactions entered into through the services, whether or not bouf limited has been advised of the possibility of such damage.
1.13.2 Despite anything else contained in this Agreement, neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or authorised representatives.
1.14 VAT and other taxes on the sale of goods and / or services by Sellers
You agree that it is the Seller's responsibility to determine whether VAT, customs duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on the Site is inclusive of any VAT, customs duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Bouf Limited is not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the Site and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.
1.15 General Provisions
1.15.1 Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
1.15.2 No Agency; Third-Party Beneficiary
Bouf Limited is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Bouf Limited and its affiliates, you, and relying buyers or sellers.
1.15.3 Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
1.15.4 No Waiver
Bouf Limited's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Bouf Limited's right to subsequently enforce such provision or any other provisions of this Agreement.
1.15.5 Variations
This Participation Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. Bouf Limited reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the services following Bouf Limited's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, then your only remedy is to cease use of the services or this site.
1.15.6 Notices
Notices can be sent to you at the e-mail address you provided to Bouf Limited. You may send notices to Bouf Limited as detailed in the contact us section of this website.
1.15.7 Governing Law
This Participation Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of England in the United Kingdom, and you irrevocably submit to the non-exclusive jurisdiction of the Courts of England.
2. Conditions relating only to Sales
2.1 Items are offered by Sellers for sale at a fixed price ("Sales"). The seller is obliged to sell the items at the listed price to Buyers who meet the Seller's terms. Unless otherwise agreed by us with the Seller in advance in writing, the price of any items sold (including the applicable delivery charge) are displayed inclusive of any customs and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site.
2.2 Participants may purchase an item for Sale by clicking on the "Add to Basket" button on the relevant item's page, provided that the item is still showing as having a quantity of stock remaining. The Buyer must then follow the necessary "Checkout" procedure in order to purchase the item. Multiple items can be added to the Buyer's "Basket" and purchased in one single checkout procedure.
2.3 The Seller's listing of an item for Sale constitutes an offer to each participant to purchase the item at that price and the act of clicking on the "Add to Basket" button by a participant constitutes acceptance of that offer. Such acceptance will become effective on receipt by the Site of such act. A Seller may retract an item listed for Sale at any time but is bound by any offers accepted prior to the retraction.
2.4 For items listed for sale, Sellers may only charge Buyers a pre-determined delivery charge, which they specify when listing the item, and that fee is visible on the product detail page.
B. Conditions relating specifically to Sellers
1. Seller's Obligations with respect to Listing Items
1.1 Sellers Warranties. By listing an item for sale:
1.1.1 you represent a warrant to prospective buyers that:
(a) you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and
(b) the listing is accurate, current and complete and is not misleading or otherwise deceptive;
1.1.2 You represent and warrant to Bouf Limited that:
(x) the item is not one that would fall within any of the prohibited items described in clause A.1.3; and
(y) the item is safe and, where required by applicable law, bears a "CE" mark.
1.1A Subject to any pricing guidelines set forth from time to time on the Site, Sellers will determine the purchase price for each of their items offered for sale on the Site; all Sellers will ensure that the purchase price and each other term of offer and/or sale for consumer electronic items (including, for the avoidance of doubt and without limitation, personal computers) offered for sale on the Site are at least as favourable to consumers as the terms of sale upon which the seller or any of its affiliates offers or sells such items through its or any of their respective online sales channels other than the Site, after taking into consideration all discounts, sales, rebates and other promotional offers or business practices.
1.2 Compliance with Applicable Law
You further warrant that the sale or distribution of the item is not in breach of applicable law (including, where items are sold internationally, the law of the destination country). This responsibility includes, but is not limited to, ensuring that
(a) any items sold are safe;
(b) any items sold bear a "CE" mark where required by applicable law;
(c) any items sold are appropriately packaged and labelled as required by applicable law;
(d) any items sold otherwise comply with all applicable law regarding their sale. You will audit the products that you sell on a regular basis (at least monthly) to ensure ongoing compliance with this obligation. You will also advise us of any age or other restrictions that apply to the sale of any products that you sell. Bouf Limited makes no representations that items not appearing on the prohibited items list in clause A.1.3 may be sold or distributed or offered for sale under applicable law.
2. Seller's Fees
2.1 By listing an item on the Site for Sale, you agree to pay the fees as set-out in the Ratecard and Payment Terms, including for example:
2.1.1 Listing Fees for the listing of the item (and subscription fees where applicable);
2.1.2 Optional Features fees if any optional features (such as bold listings, Category Feature or Home Page Featured) are selected;
2.1.3 Commission Fees (to be paid on completion of the Sale).
2.2 All fees listed in the Ratecard and Payment Terms are in Great British Pounds Sterling unless stated otherwise. The Ratecard and Payment Terms may vary in the future. The Ratecard and Payment Terms in effect on the date of listing the relevant item for Sale will govern the transaction. You should check the fees and terms each time you participate in a Sale. All fees are payable upon demand as set out in the Ratecard and Payment Terms. By listing an item for Sale on the Site, you authorise Bouf Limited to charge your credit /debit card or, where applicable, to deduct the amount from the funds owed to you from your completed Sales, for all and any amounts due in the manner and at the times set out in the Ratecard and Payment Terms.
2.3 VAT on Seller Fees. The seller fees are subject to VAT where applicable and will be paid by the seller at the time of payment of the corresponding fees.
2.4 If you are a business that is established in a European Union country and if in your Seller Account you provide your valid VAT registration number that was issued to you by the European Union country in which your business is established, VAT will not be charged by Bouf Limited on your Seller fees (the "Exclusion") provided you are not established in Luxembourg, and have not supplied a VAT registration number issued by the Luxembourg authorities. In order to qualify for the exclusion, you must provide Bouf Limited with a valid VAT registration number from your tax authority, and you must agree to and acknowledge the conditions set out below:
2.4.1 You warrant and represent that the VAT registration number you submit to Bouf Limited belongs to the business you operate, and that business is established in one of the European Union countries except Luxembourg;
2.4.2 You warrant and represent that all transactions on your Bouf Seller Account will be business-related transactions made by the business associated with the VAT registration number you submit to Bouf Limited;
2.4.3 You warrant and represent that the VAT registration number and all other information provided by you is true, accurate and current and you will immediately update any such information held by Bouf Limited in case of any changes;
2.4.4 Bouf Limited reserves the right to request additional information and to confirm the validity of your Seller Account information (including your VAT registration number) from you or government authorities and agencies as permitted by law and you irrevocably authorise Bouf Limited to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to Bouf Limited upon request.
2.4.5 Bouf Limited reserves the right to charge you any applicable unbilled VAT if you provide a VAT registration number that is determined to be invalid. You irrevocably authorise Bouf Limited to debit your credit card for any such unbilled VAT.
2.5 If you are a business that is established in a European Union country and you provide Bouf Limited with your valid VAT registration number that was issued to you by a European Union country, you agree to accept electronic VAT invoices in a format and method of delivery as determined by Bouf Limited.
3. Prohibited Acts
Sellers must:
3.1.1 sell all items on his or her own account and must not represent that he or she is selling on behalf of any third party;
3.1.2 not use the Services or the Site in the contravention of any applicable law nor permit or assist others to do so.
4. Bouf Limited's right of recovery
Bouf Limited retains the right to seek reimbursement from the seller if it, in its sole discretion, decides to reimburse the buyer under the terms of the Bouf Limited A-Z Guarantee described in clause C.1 or Bouf Limited otherwise compensates the buyer or Bouf Limited receives a charge back from the buyer's credit/debit card issuer for the amount of the buyer's purchase from the seller.
5. Seller Account and Payments
In order to sell items on the Bouf Site, you must apply for, and be granted, an Active Seller Account.
5.1 The Payment Service facilitates the purchase of items listed on the Site for Sale. A buyer's authorised credit or debit card or PayPal payment ("Payment Transaction") is deposited to a dedicated Bouf Limited Bank Account, and funds are periodically transferred to the Seller's designated PayPal Account ("Seller's Payment Account"). A buyer may authorise a Payment Transaction with any major credit or debit card or PayPal account accepted by Bouf.com. Bouf Limited is not the purchaser of the Seller's goods. The Seller will resolve any dispute directly with the Buyer or with the assistance of an official Bouf Limited Customer Service Representative. Seller's must provide us true and accurate information when registering and must maintain and update that information as applicable. Sellers must not impersonate any person or use a name he or she is not legally authorised to use. Each seller authorises us to use any information provided to us in registering to verify his or her information (including any updated information), to obtain credit reports about the seller from time to time while the seller is registered (including credit reports about the seller's spouse), and to obtain an initial credit authorisation from the seller's credit card issuer at time of registration. Bouf cannot be held liable for lost funds should the Seller not have kept accurate records in their Account.
5.2 The Seller Account is available only to individuals, businesses and others who meet the terms of eligibility, and whose applications are acceptable to Bouf Limited. Payment Transactions can only be deposited into PayPal accounts. Sellers waive any rights with respect to the Service (including, without limitation, to protection under the Bouf Limited A-Z Guarantee) when dispatching to an address other than that provided by the Service.
5.3 The Bouf Site is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can transfer earnings only on a Business Day. For purposes of this Agreement, a Business Day is a Monday through Friday, excluding bank holidays in the United Kingdom. Bouf Limited will send a receipt to the seller via e-mail for each completed transaction.
5.4 All balances for a given 30-day period will be reflected in Bouf Ltd's monthly invoice to the Seller, sent via email. We will initiate a transfer to the Seller's Payment Account on the first week of each month ("Payment Date") or on the next Business Day if the scheduled Payment Date falls on a non-Business Day. Bouf Limited will initiate a transfer to the Seller's Account on each Payment Date for the total amount of Payment Transactions received from buyers' authorised credit or debit card transactions for the Seller, less any refunds or Fees incurred, or for funds otherwise received for the Seller since the last Payment Date. The amount of the fees for Payment Transactions will be confirmed in an Invoice, which is emailed to the Seller in PDF format, each month, and will be deducted from the balance of credits in the Seller's Account Summary to be remitted to the Seller on the next Payment Date or, if such balance is not sufficient to pay the outstanding fees and subscriptions, you as a Seller authorise Bouf Limited to charge the Credit / Debit card registered against your Seller Account.
5.5 Transfers to the Seller's Account will generally be made within five Business Days of the date we initiate the transfer. On occasion, we may send the seller a paper cheque to the Business Address registered in their Seller Account, instead of an electronic transfer to the Seller's Bank Account. We will do so, for example, if the Seller's bank will not accept an electronic transfer to the seller's account.
5.6 Sellers must provide a full refund directly to any buyer who remits payment, if the item cannot be shipped at the close of the sale. Sellers must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale.
5.7 As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to any Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
5.8 If we reasonably conclude, based on information available to us, that Seller's actions and/or performance in connection with the Services may result in a significant number of buyer disputes, chargebacks or other claims, we reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller's Bank Account (or sending paper cheques) for the shorter of either 30 days following the initial date of suspension or completion of an investigation regarding Buyer disputes, chargebacks or other claims.
5.9 We reserve the right to delay initiating the Payment Transaction transfer to a Seller's bank account (or sending paper cheques) pending an investigation if we, in our sole discretion, believe the buyer or the seller may have breached this Participation Agreement. Notwithstanding any other provision of this Participation Agreement, if we determine, in our sole discretion, that the seller has breached this Participation Agreement, we may refuse to transfer any Payment Transactions to the Seller and may instead maintain such amount in a trust account or may return such amount to the buyer. We will not be liable to the Seller if we act in accordance with the provisions of this Section.
5.10 All notices will be sent by e-mail or will be posted on the Site. We will send notices to the Seller at the e-mail address maintained in Bouf Limited's records for the Seller, which the Seller can update using their Seller Account. The Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us, and ensure that such messages are not caught by the Seller's junk-email filters. The Seller will send notices to us at our current e-mail address published on our Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed with Royal Mail, postage paid, First Class mail properly addressed or personally delivered by express courier such as DHL or Parcelforce. First Class mail is properly addressed if sent by us to the address maintained in our records for the seller. First Class mail is properly addressed if sent by the seller to the current address published by us on our Site. First Class mail is deemed received three Business Days after it is deposited with Royal Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
5.11 We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a Buyer and our payment of the Payment Transaction to the seller from our bank account. We reserve the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse a buyer, provide a refund to the buyer if the Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from the buyer's credit card issuer for the amount of the buyer's purchase from the Seller. We may obtain such reimbursement by deducting from future payments owed to the seller, reversing any transfer to the Seller's bank account, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means.
5.12 The seller may terminate its participation at any time by giving notice to us in writing, and we may terminate the Seller's participation in the Service at any at any time by giving notice to the seller in writing. Upon termination, the Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be cancelled.
C. Conditions relating specifically to Buyers
1. The Bouf Limited Guarantee
1.1 Bouf Limited wants you to have a safe buying experience. If the Buyer of an item has provided payment, but the Seller did not deliver the item, Bouf Limited will pay the Buyer the final closing price of the item up to £150, subject to the following conditions:
(1) the Buyer must wait 30 days, but not longer than 90 days, after the acceptance of an offer in a sale to request payment from Bouf Ltd under the bouf limited A-Z guarantee and submit the guarantee submission form;
(2) the Buyer must provide the required information on the guarantee submission form truthfully and accurately to receive payment;
(3) the Buyer must be a resident of the United Kingdom and provide a street address in that country for payment;
(4) the feedback rating of the Seller must have been 3.0 or greater at the time of the completion of the sale or at the time of the Buyer's purchase
(5) the Buyer is limited to a lifetime maximum of one claim across all Bouf Ltd sites; and
(6) if the Buyer paid for the item by credit card, the buyer must NOT request a chargeback for the price purchase from the issuing bank.
1.2 You warrant and represent to Bouf Limited that the information you provide will be true and correct.
2. Bouf Limited Payments
2.1 The Buyer will resolve any dispute directly with the Seller, and with Bouf Limited, and not through attempting to revoke an Electronic Money purchase transaction.
2.2 Bouf Limited Payments sets limits on the amount and number of transactions completed through the Service during a set time period ("Velocity Limits") for both Buyers and Sellers. For security reasons, Bouf Limited does not disclose Velocity Limits. Velocity Limits are different from the credit limits set by your credit/debit card issuer. When a Velocity Limit is reached, affected parties will be notified that additional transactions that are completed during the applicable time period must be settled directly between the Buyer and Seller and not through Bouf Limited Payments.
3. Buyer's fees.
Although Bouf Limited does not currently charge buyers any fees to use the Services and the Site, it reserves its right to do so in the future.
4. Prohibited acts.
Buyers must not:
4.1.1 Whether by themselves or in conjunction with other participants, manipulate transactions in ways that are unfair to other users.
4.1.2 not use the Services or the Site in the contravention of any applicable law nor permit or assist others to do so.
5. Inspection of items.
Buyers must inspect any items purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe.
