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MyMart™

Terms and conditions

These Terms and Conditions (the “Terms”) govern your use of the mymart.com website (the “Site”). It is important that you read the Terms carefully as they contain important information. You may only use the Site and the services provided via the Site if you agree to these Terms. If you do not agree to the Terms, then you may not use the Site, and may not access or use any of the services.

  1. Who we are
  2. Who you are
  3. Territory
  4. Registration
  5. Use of the Site, and additional restrictions
  6. Personal data and submissions to the Site
  7. Venue
  8. Bidding and buying
  9. Listing and selling
  10. Fraud
  11. Content and links
  12. Licence
  13. Fees
  14. Payment of fees and payment of the transaction
  15. Security
  16. Liability
  17. Termination
  18. Changes to these Terms and Conditions
  19. Miscellaneous
  20. Laws
  21. Contact us

1. Who we are

This Site and the services available on the Site are provided by Carbon Music Ltd, incorporated under the laws of England and Wales under Company registration number 5816625 and with registered offices at Ground Floor, Block 3, 6 Erskine road, London NW3 3AJ.

2. Who you are

2.1 As a user of the Site and the available services, you may be a business or an individual. If you are an individual, then you must be not less than sixteen (16) years of age to use the Site and any of the services provided via the Site. If you are under 16 years of age, then you must not register with or use the Site or any of the services. You agree that you are acting on your own behalf when using the Site, and are not acting as agent for anyone else when using the Site or the services made available via the Site.

2.2 You agree that you have not and that you will not misrepresent your identity, age or legal status, and that all contact information that you provide is correct and up-to-date.

3. Territory

This Site is a venue for the sale and the purchase of items within the United Kingdom only (the “Territory”).

4. Registration (Your Account)

4.1 When you first visit the Site whether you do so using your computer or another communications device including your mobile, you must choose a username and a password. Your username cannot be changed afterwards. However, your password may be amended at any time. When you register with the Site, we will also require a phone number from you, and we will verify this information that you supply.

4.2 You will be responsible for all actions and transactions made using your username and your password. You are therefore responsible for your username and password, and must take every care not to divulge or disclose either of them to anyone else. You agree not to permit any other person to use your username and password, and will not transfer or sell it to any other person. You also agree only to utilise the Site and the services provided via the Site using your own username and password, and shall not use the username and password of anyone else.

5. Use of the Site, and additional restrictions

5.1 Certain goods and items are restricted for the purposes of sale and purchase on Site. As such, you may not offer, bid for or purchase any of the items that have been identified as restricted items (“Restricted Items”). For details, please see the list of restricted items.

5.2 Although you may register and use the Site if you are under eighteen (18) years of age, there are certain additional restrictions that will apply where a user of the Site is under 18 years of age. Where a user of the Site is under 18 years of age and has registered with and wishes to use the Site, then in addition to the Restricted Items, no offer may be made to or by an under-18 year old, nor may any bid or purchase by an under-18 year old be accepted, for any goods or items which it would be illegal for that person to deal with in the ordinary course, in accordance with English law and any applicable regulations. Please see the list of goods and items that are expressly forbidden for under-18s to deal in.

6. Personal data and submissions to the Site

6.1 All information that you provide to us or to the Site will be treated in accordance with our Privacy Policy. If you do not agree to our use of your personal data as described in our Privacy Policy, then you must not use the Site.

6.2 You agree not to submit any material that is offensive, illegal, threatening, libellous or obscene, or that could be considered as incitement to unlawful behaviour of any kind.

6.3 You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Site. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.

6.4 Any other information of any other kind that is not personal data and which you provide to us or transmit to the Site (including, but not limited to, reviews, comments, questions, etc) shall be treated as non-confidential and you agree to our using such information for and in connection with promotional or advertising material, market research, surveys, profiles, testimonials and strategic development.

6.5 For the purposes of verifiying your identity and your legal entitlement to use the Site and the services provided via the Site we shall use the data provided by you (whether or not it is personal data, in which case it will be treated in accordance with the Privacy Policy) to establish the veracity of all the information you have provided when registering with the Site, and your entitlement to use the Site and the services.

7. Venue

7.1 The Site is a venue which allows individual users to trade directly with one another. The Site is not an auction site, and we do not act as an auctioneer. We provide the Site as a facility for users to contact, negotiate, arrange and transact directly with one another. The Site is intended for users to transact with one another for the sale and purchase of any goods which the users may legally sell or purchase, and which are not Restricted Items or items which are prohibited for under-18s to deal in.

7.2 We reserve the right to review listings of items that are posted on the Site. For the avoidance of doubt, you hereby acknowledge and agree that we are not involved in the negotiations or transactions that take place between Site users. We are therefore not responsible (and have no liability) for and have no control over the quality, safety or legality of items that are posted or listed on the Site, nor are we responsible for the veracity or accuracy of the goods or items that are listed or posted on the Site. However, if it comes to our attention that any listing or posting on the Site is inappropriate, is a Restricted Item or is unlawful in any way, then we reserve the right to remove the listed item from the Site without notice. We may, or we may be under a further legal obligation to, notify the relevant authorities if you attempt to offer, bid for or purchase any such item, and we may do so without any further notification to you.

7.3 We are not responsible for users of the Site successfully concluding a transaction.

8. Bidding and buying

8.1 As a buyer, you undertake that you are legally entitled to purchase the item from the Site. If you are a buyer of an item being sold in an auction-style format from the Site, and you have put in the highest offer or bid for the item and the offer or bid is accepted by the seller of the item, then you will be obliged to complete the transaction.

8.2 An offer or bid may only be withdrawn in exceptional circumstances, including where a clear error is made, or where the description of the item is materially altered after the relevant offer or bid is placed, or where the identity of the seller or the seller’s legal entitlement to sell the item cannot be verified.

9. Listing and selling

9.1 If you are using the Site to sell a good or item then you hereby expressly agree and confirm that you have full legal entitlement to sell the item in question and that it is lawful to sell the item in question in the UK. This Site is a venue for the sale and purchase of items within the UK only. If you sell or buy outside the Territory then you expressly acknowledge that you do so at your own risk, and you should ensure that it is lawful for you to purchase, sell and/or deliver the item outside the Territory.

9.2 You agree that you will provide a full and truthful description of the item that you list on the Site, and that it will not be deceptive or misleading in any way. You will include such text or graphic description of the item that will provide the buyer with a full and fair understanding of the item that you wish to sell. You also hereby expressly acknowledge that by selling a good or item on the Site you are bound by the Consumer Protection (Distance Selling) Regulations 2000, or by such other consumer legislation as may apply from time to time or in a relevant jurisdiction.

10.3 We reserve the right to suspend or terminate any transaction or your account at any time if we suspect that there is any misleading or fraudulent activity in connection with your account. We may, or we may be under a further legal obligation to, notify the relevant authorities if you attempt to offer or sell any item in what we believe is (or would be) a deceptive or fraudulent transaction, and we may make such notification or report without any further notification to you.

10. Fraud

It is expressly forbidden to, and you hereby agree that you will not, manipulate in any way the price of your own item that is listed for sale, or the price of an item being sold by any other user of the Site.

11. Content and links

11.1 Unless we state otherwise, then the copyright, trade marks, and all and any other intellectual property in the Site and the contents of the Site (whether registered or unregistered) are owned by or are licensed to us. Any unauthorised use by you of the images, text or other materials on the Site (which shall include, without limitation, deep-links to or framing of the Site) may violate copyright, trade mark or other applicable laws. We reserve the right to enforce and protect all of our rights as we see fit to the fullest extent permissible by law.

11.2 The Site may contain links to other websites. Unless we state otherwise, these websites are neither sponsored nor endorsed by us, nor are they affiliated with us or with the Site. We have no control over, and are not responsible for, the content or the privacy policies of any such websites and you hereby expressly acknowledge that you use them at your own risk.

12. Licence

In order that we may use the information that you provide (which information shall be treated in accordance with our privacy policy), you hereby grant to us, to the extent that it is necessary for us, a non-exclusive, perpetual, irrevocable, royalty-free licence to use, exercise and sub-license any copyright, trade-mark, publicity and database rights that you may have in the information that you provide to us.

13. Fees

13.1 Any bids that you make for items that are offered or are for sale on the Site may be made free of charge. You will be at all times responsible for any charges that you incur for accessing and maintaining connection to the Site, whether this is by means of your computer, your mobile telephone or by means of any other communications device.

13.2 You will be responsible for paying any fees which we may apply from time to time (the “Fees”) for listing and posting items for sale on the Site. Full details of the applicable charges and the payment terms are accessible at clause 14.

14. Payment of fees and payment of the transaction

14.1 There are a number of ways in which you may pay for any applicable Fees. You may pay for and settle the Fees by using one of our nominated partners (Luup, MIG and Metacharge) who handle payments made by electronic and cashless payment methods, including premium rate text message (“Premium SMS”), credit card, debit card or by Luup transaction.

14.2 If you elect to do this, then we will share (and you agree that we may share) any necessary information and personal data with our nominated partners in order to allow payment of the transaction to take place.

14.3 Payments of the Fees by credit card and debit card transactions are handled by Metacharge. All credit and debit card details which you provide to us will be forwarded to Metacharge who will determine whether such a payment may proceed. For full details on payment by credit card and on Metacharge, please see their website.

14.4 If you wish to pay the Fees by Luup, then you must register to use the Luup service. For full details on Luup, please see their website.

14.5 If you wish to pay the Fees by Premium SMS, you will receive a text message from us via our nominated partner, MIG, and you will be required to verify and confirm that you wish to pay by Premium SMS. When replying to this text message please ensure that your response quotes the reference number that we have supplied to you and which is unique to the Fees that you wish to pay for. Once we and MIG have received the correct code from you, a Premium SMS will be sent to you. You will be charged by your network operator for receiving this Premium SMS, and the value of the Premium SMS will be equivalent to the value of the Fees that you are paying.

14.6 You must arrange directly with the buyer or seller (as appropriate) the method by which payment for the transaction itself (excluding any Fees) is to occur. You may arrange to do this via Luup. If you wish to pay for the transaction by Luup, then you must register to use the Luup service. For full details on Luup, please see their website.

15. Security

Items that are bought or sold via the Site, may be paid for using one of our approved and nominated partners who handle electronic and cashless payments systems. We do not hold your payment or card details (except as detailed in our Privacy Policy) and this information is passed directly to our nominated partners.

16. Liability

16.1 The provisions of this section only apply to the extent permitted by law. Nothing in these Terms operates to exclude or restrict our liability for death or personal injury caused by our negligence or the negligence of our employees or for fraud. Nothing in these Terms affects any statutory rights that you may have.

16.2 To the extent permitted by law, this Site and its contents are provided by us on an “as is” basis without any warranties of any kind. The Site may contain technical inaccuracies and typographical errors and may occasionally be out-of-date. We accept no liability for any such inaccuracies, errors or the presence of out-of-date material or any consequences arising from this. We do not warrant that the Site will operate without interruption or that the Site and its server are free from viruses or other harmful mechanisms, and you should protect yourself and your PC, mobile telephone or other communications device against these. We accept no liability for any interruptions or delays to the operation of the Site or for any incompatibility of the Site with any of your equipment, software or telecommunications links. We accept no liability for any material submitted and created by third parties, including other users or customers of the Site.

16.3 We accept no liability for any failure to maintain the Site and/or for any transaction that is not concluded, or for any late or failed delivery of any goods. We are not responsible, and we accept no liability, for any failure, loss, damage or breach arising between you and any other user of the Site in connection with any contractual or other relationship that you create, establish or have with that user or in connection with any transaction that you are discussing, negotiating or concluding with that user. We shall only be liable for losses to the extent that these are a foreseeable consequence of the relevant breach of the contract between you and us. We will not be responsible for any consequential loss or commercial or business loss or loss of profits, goodwill, data or business opportunity. Any liability that we have to you shall be limited to the total of any Fees that you have paid to us in relation to the use of the Site or such other service that we may provide from time to time.

16.4 We cannot accept any responsibility for the condition of items listed on the Site, and as such, we cannot accept any responsibility for your protection from unsafe items. It is important that you do not assume that items listed on the Site will be safe and harmless to you or to your property.

16.5 If you are a seller on the Site, anything that you list or post for sale must not be false, inaccurate or misleading.

16.6 Whether you are a buyer or a seller on the Site, your activities on the Site must not be obscene, offensive, defamatory, in breach of intellectual property rights or any other kind of right, be in breach of any applicable laws or regulations, create any liability for us in any way, cause the Site to be interrupted or interfered with causing any outage or any damage of any kind.

17. Termination

We may terminate your use of the Site or any contract that we have entered into with you or suspend or terminate your access to the Site immediately and without notice if commit any material or persistent breach of these Terms or fail to make any payment to us when due or if we reasonably believe that you have committed or are attempting to commit fraud or any other criminal act by your use of the Site or the use of the credit card details that you have provided.

18. Changes to these Terms and Conditions

We may amend these Terms at any time. We may do this without notification, although where possible we will advise you by email or by text message. Your continued use of the Site shall in any event be taken as your acceptance of the updated and amended Terms. We therefore recommend that you review these Terms when you visit the Site. Any amendments to the Terms shall apply and be effective from the date that they are posted on the Site. The amended Terms shall govern all existing registrations and account holders from the date that the amended Terms are posted on the Site. The updated and amended Terms shall govern all registrations and new accounts made on or after the date that such amended Terms are posted on the Site.

19. Miscellaneous

These Terms represent the entire agreement between you and us in relation to your use of the Site and in respect of any contracts entered into between you and us.

20. Laws

The Terms shall be governed by and construed in accordance with the laws of England and Wales, and shall be subject to the exclusive jurisdiction of the English courts.

21. Contact us

If you have any questions or problems we would be delighted to help you. You can contact us at questions@mymart.com.