1.3. By agreeing to be bound by the terms of this Agreement, You are acknowledging You have read and agree to be bound by the agreement, as the case may be.
2.1. For The Little Guys Limited is an online marketplace that allows Users to sell and buy a variety of items, being goods or services.
2.2. This Agreement shall be governed in all respects by the laws of the United Kingdom as they apply to agreements entered into by United Kingdom residents and to be performed entirely within the United Kingdom, without regard to conflict of law provisions.
2.3. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods.
2.4. You and For The Little Guys Limited are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
2.5. These Terms are effective January 1, 2018, for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof.
2.6. Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.
2.7 For The Little Guys Limited has no involvement in the consummation of a contract between a Seller and a Buyer. Accordingly, For The Little Guys Limited has no liability or responsibility for any matter arising out of the transactio between a Seller and a Buyer. You should be comfortable in all respects with a Seller before you purchase items from the Site and You should be comfortable in all respects with a Buyer before you sell items from the Site.
2.8. You may use the Services and the Site and the content owned and provided by For The Little Guys Limited (singularly and collectively, the "For The Little Guys Limited Content") solely in connection with the intended purposes of the Site. No right, title or interest in any For The Little Guys Limited Content is transferred to You. For The Little Guys Limited retains all of its intellectual property rights in all For The Little Guys Limited Content. Except as expressly authorised by this Agreement, or otherwise agreed to by For The Little Guys Limited, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any For The Little Guys Limited Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by For The Little Guys Limited.
2.9. You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the For The Little Guys Limited Content. You agree not to add to, subtract from, or otherwise modify the For The Little Guys Limited Content, or to attempt to access any For The Little Guys Limited Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.
2.10. In connection with using or accessing the Services you will not:
2.10.1. Post, list or upload content or items in inappropriate categories or areas on our site;
2.10.2. Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
2.10.3. Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our site, services, applications or tools;
2.10.4. Manipulate the price of any item or interfere with any other user's listings;
2.10.5. Post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
2.10.6. Transfer your For The Little Guys Limited account (including Feedback) and user ID to another party without our consent;
2.10.7. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
2.10.8. Distribute viruses or any other technologies that may harm For The Little Guys Limited or the interests or property of users;
2.10.9. Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of For The Little Guys Limited;
2.10.10. Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
2.10.11. Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
2.10.12. Harvest or otherwise collect information about users without their consent; or
2.10.13. Circumvent any technical measures we use to provide the Services.
2.11. Sellers must meet the minimum performance standards listed under 2.12. Failure to meet these standards may result in For The Little Guys Limited charging you additional fees, and/or limiting, restricting, suspending, or downgrading your Seller account.
2.12. Minimum Performance Standards
2.12.1. Promptly resolve any customer issues;
2.12.2. Adhere to the listing rules when listing a product;
2.12.3. Dispatch items on time and ensure these are in line with your delivery process;
2.12.4. Keep inventory quantities up to date;
2.12.5. Ensure that your returns policy is up to date and you adhere to it;
2.12.6. Ensure that the items listed are described accurately;
2.12.7. Not list any counterfeit items or prohibited items;
2.12.8. Be professional and polite in all communications with Buyers;
2.12.9. Dispatching the correct item that the Buyer has paid for;
2.12.10. You must not transact with Buyers outside of the Site for any items listed on the Site in circumstances where the sale was initiated via inquiry through the Site;
2.13. If we believe you are abusing the Site in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
2.14. We may cancel unconfirmed accounts or accounts that have been inactive for a period of 12 months or more or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
2.15. You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the "Third Party Content") that You submit, post, and display on the Site. Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree For The Little Guys Limited has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases, You may encounter Third Party Content which may be inaccurate, inappropriate, inflammatory or otherwise of concern to You.
3.1. When a Buyer or Seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both Buyers and Sellers.
4.1. The fees we charge for using our Services are listed on our Standard Selling Fees section under the FAQ’s page of our website.
4.2. We may change our Seller fees from time to time by posting the changes on the For The Little Guys Limited site 7 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
4.3. If you are a Seller, you are liable for transaction fees arising out of all sales made using some or all For The Little Guys Limited Services, even if sales terms are finalized or payment is made outside of For The Little Guys Limited. In particular, if you offer or reference your contact information or ask a Buyer for their contact information in the context of buying or selling outside of For The Little Guys Limited, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of For The Little Guys Limited Services for the introduction to a Buyer.
4.4. All fees become payable at the time of receiving the income from the Buyer.
5.1. When listing an item, you agree to comply with For The Little Guys Limited rules as detailed below:
5.2. To qualify for the standard commission rates, Sellers must not list any items with a total sales value (excluding delivery) of less than £5.00 (five pounds Sterling). where a Seller wishes to list items for less than £5.00 (five pounds Sterling) a bespoke commission rate will be applied to the Store;
5.3. You are responsible for the accuracy and content of the listing and item offered;
5.4. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). For The Little Guys Limited can't guarantee exact listing durations;
5.5. You must not use vulgar or profane language within your listings;
5.6. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Buyer;
5.7. You cannot list an item twice so that you have duplicate items, you should use the variations and stock level indicator to list these items;
5.8. You must not charge excessive shipping to a Buyer. Excessive shipping is considered to be any sum over and above the cost of packing, dispatching, posting and (if applicable) insuring an item during transit. It is reasonable to charge the full cost of any materials and services involved in this process. A profit should not ordinarily be made on the shipping of items;
5.9. You must not insert links or url’s to external sites outside of For The Little Guys Limited;
5.10. You must not list a prohibited or restricted item, you will find this list of restricted items here;
5.11. You must detail your return policy clearly and you should ensure that this covers the minimum requirements as stated in the Distance Selling Regulations and The Consumer Rights Act 2015;
5.12. You must clearly state your delivery method, length of delivery and costs associated with delivery;
6.1. When buying an item, you agree to the following conditions:
6.1.1.You are responsible for reading the full item listing before making a commitment to buy;
6.1.2.You enter into a legally binding contract to purchase an item when you commit to buy an item;
6.1.3.We do not transfer legal ownership of items from the Seller to the Buyer;
6.1.4.You must not offer to purchase items outside of For The Little Guys Limited that have been advertised on For The Little Guys Limited;
6.1.5.Your account must contain accurate contact information in case a Seller needs to contact you;
6.1.6.You must pay for an item once you have made a commitment to purchase;
7.AUTHORISATION TO CONTACT YOU
7.1.For The Little Guys Limited may contact you by telephone or email on the contact details you have provided us with, to:
7.2.Notify you regarding your account;
7.3.Troubleshoot problems with your account;
7.4.Resolve a dispute;
7.5.Poll your opinions through surveys or questionnaires; or
7.6.As otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
8.1.For The Little Guys Limited will not share any personal information with any third parties as stated in our User Privacy Notice.
8.2.For The Little Guys Limited can review the content of every message sent through the Site, including messages between users, to detect and prevent fraudulent activity or violations of this User Agreement, including the incorporated terms, notices, rules, and policies.
8.3.If For The Little Guys Limited provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
9.1.When a Buyer wishes to return an item they may do so as long as it meets the Seller’s returns policy criteria;
9.2.To do this the Buyer should select the item to be returned from their recent orders and add a message to the note box at the bottom of the page;
9.3.The Seller must normally respond to the Buyer within 1 full working day via the online messaging service to confirm whether they intend to accept the return;
9.4.Once the Buyer and Seller have agreed a refund, the Buyer must return the items to the Seller within the time specified in the Seller returns policy;
9.5.Once the items have been received the Seller will refund the monies paid by the Buyer for the items back to For The Little Guys Limited;
9.6.The Seller will then request that For The Little Guys Limited refund the full value paid by the Buyer.
10.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1.Whilst For The Little Guys Limited will aim to deliver a seamless and continuous service to all users, For The Little Guys Limited does not guarantee the continuous operation of, or access to, the Site or Our Services.
10.2.To protect For The Little Guys Limited from risk of liability for your actions as a Seller, For The Little Guys Limited will restrict your access to sell or buy via the Site based on certain factors, including, but not limited to, selling history, Seller performance, returns, riskiness of the listing category, transaction value.
10.3.You agree that you are making use of the Services at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.4.In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
10.4.1.The content you provide (directly or indirectly) using the Services;
10.4.2.Your use of or your inability to use our Services;
10.4.3.Pricing, shipping, format, or other guidance provided by For The Little Guys Limited;
10.4.4.Delays or disruptions in our Services;
10.4.5.Viruses or other malicious software obtained by accessing or linking to our Services;
10.4.6.Glitches, bugs, errors, or inaccuracies of any kind in our Services;
10.4.7.Damage to your hardware device from the use of any For The Little Guys Limited Service;
10.4.8.The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
10.4.9.Suspension or other action taken with respect to your account or breach of the Abusing For The Little Guys Limited Section above;
10.4.10.The duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
10.4.11.Your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
10.5.Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the amount of fees paid by You to Us in respect of the specific transaction giving rise to the liability.
10.6.For The Little Guys Limited makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on the Site by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in your store. You agree that For The Little Guys Limited does not pre-approve or review Third Party Content; however, For The Little Guys Limited retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of For The Little Guys Limited, such Third Party Content violates the Terms.
10.7.The Site and the For The Little Guys Limited Content are protected by the laws of the United Kingdom, and belong solely to For The Little Guys Limited. You may not use, change or amend in any way the Site or the For The Little Guys Limited Content without the prior written approval of For The Little Guys Limited.
10.8.For The Little Guys Limited does not claim ownership rights in Your Third Party Content. When You post or display Third Party Content on the Site, You grant to For The Little Guys Limited a license to use and display the Third Party Content on the Site. You grant For The Little Guys Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights, you have in the Third Party Content, in any media now known or not currently known, with respect to Your Third Party Content. In the event a third party re-posts Your Third Party Content, You agreed to hold For The Little Guys Limited harmless from any liability arising out of a dispute concerning the reposting of Your Third Party Content.
10.9.For The Little Guys Limited works hard to keep the Site operating for the benefit of its Users. However, in the event of a problem, please contact us using the Contact Us form on the Site.
10.10.For The Little Guys Limited on behalf of its members, directors, officers, employees and agents, makes no express or implied warranties, covenants or representations of any kind with respect to the site, the services, the For The Little Guys Limited content, third party content or any other content. For The Little Guys Limited expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the services, the For The Little Guys Limited content, third party content and any other content, and any product or service furnished or to be furnished from or on the site. For The Little Guys Limited does not warrant: that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free; or that defects in the site or the services will be corrected; or -the accuracy or completeness of the For The Little Guys Limited content, third party content, or any other content; or that any errors in the For The Little Guys Limited content, third party data or other content will be corrected. the site, the services, and the For The Little Guys Limited content and other content are provided on an "as is", "where is", "as available" and "with all faults" basis.
10.11.In no event will For The Little Guys Limited or its members, directors, officers, employees and agents be liable for any damages whatsoever, including, but not limited to any direct, indirect, general, special, compensatory, incidental, consequential, exemplary or other damages arising out of:
10.11.1.Your conduct or anyone else in connection with You use of the site, the services or this agreement;
10.11.2.Inability to use the Site, the Services, the For The Little Guys Limited Content or any other content;
10.11.3.Any transaction conducted through or facilitated by the site;
10.11.4.Any claim attributable to errors, omissions, or other inaccuracies in the site, the services, the For The Little Guys Limited content and/or any other content;
10.11.5.Unauthorised access to or alteration of your information, store or data, or
10.11.6.Any other matter relating to the site, the services, For The Little Guys Limited content or any other content, even if For The Little Guys Limited has been advised of the possibility of such damages.
10.13.For The Little Guys Limited’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed £100.00.
10.14.If you have a dispute with one or more Buyers, you release us (and our members, directors, officers, employees and agents,) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10.15.You agree to indemnify and hold For The Little Guys Limited (and our members, directors, officers, employees and agents), harmless from any claim or demand, including attorney fees, made by any third party due to or arising out of:
10.15.1.Your breach of this agreement, or your violation of any law or the rights of a third party or made by any third party due to or arising out of goods or services offered for sale or actually purchased or the third party content or other content you submit, post or make available through or on a store, and
10.15.2.Your use, misuse, or inability to use the Site, the Services, or the For The Little Guys Limited Content or any violation by you of this agreement.
10.16.You hereby further release For The Little Guys Limited (and our members, directors, officers, employees and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any actions or inactions of other Users, including in relation to items advertised or sold. You agree the Site is designed to permit parties to enter into transactions for all kinds of items. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
10.17.You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of For The Little Guys Limited 's Services or your breach of any law or the rights of a third party.
10.18.For The Little Guys Limited has no control over and does not guarantee the quality, safety or legality of the items advertised, the truth or accuracy of the information set forth in the stores, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction.
11.1.If a dispute arises between You and For The Little Guys Limited , We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a "Claim") against For The Little Guys Limited only as We and You agree in writing.
12.1.The Services are operated by For The Little Guys Limited. A United Kingdom registered limited liability company with registration number SC580961.