Essexmart User Agreement
The Essexmart web site at
www.essexmart.co.uk is developed and maintained by CRD Associates (UK) Ltd.
(UK Registration number 5389750) This user agreement is therefore binding
between yourself (the user) and CRD Associates (UK) Ltd for use of the
www.essexmart.co.uk web site. CRD
Associates (UK) Ltd. reserve the right to change this user agreement at any
time. Changes will be posted on the essexmart website and will be considered
effective 14 days after posting. If you do not accept the revisions as made then
please close your account with us.
1. Eligibility
In order to use the services provided at the essexmart website you must be
aged 18 years or over and able to enter into a legal contract according to the
applicable laws in the UK.
2. Registration
In order to use the services provided at the essexmart website you must first
register using the on-line registration screen and provide true and honest
information about yourself. If the information that you provide is discovered to
be false, your account at the web site may be suspended.
As part of the registration process you will be provided with a secure
password for your account which you may not disclose, share or distribute to any
third party. You may change the password at any time at your own discretion if
you believe that it has been jeopardised.
3. The Role of the essexmart website.
The essexmart website provides an internet venue where registered users may
advertise goods and services for sale either by auction or fixed price for which
a charge is levied. Registered users may also bid or buy items and/or services
offered by other registered users free of website charges.
CRD Associates (UK) Ltd do not at any time possess, hold or offer any
merchandise for sale or auction at the essexmart website and are not involved in
any part of any transactions save for the provision of a venue for buyers and
sellers to carry out transactions with each other.
4. Responsibilities of Sellers
It is the sole responsibility of the seller of any item or service to ensure
that any items offered for sale are in the possession of the seller at the time of
advertising. The listing of an item for sale is confirmation that you have
ther intention and ability to sell the item or service subject to the asking
price being met. Once the asking price has been offered for an item for sale,
the seller is legally bound to sell the item for that price. In the case of
items offered for auction that price is the highest price offered at the end of
the auction period.
It is also the sole responsibility of the seller to ensure that any item
advertised for sale is accurately represented in terms of its description,
availability, authenticity, quality and safety and does not fall into a category
of items prohibited for sale as listed in this agreement. In posting an item for
sale, you confirm that the item offered does not violate any United Kingdom
laws, regulations or guidelines covering the sale of goods or infringe any third
party rights, patent, trademark or copyright.
5. Responsibilities of Buyers
It is the responsibility of the bidder or buyer of an item to verify that the
information provided on an item for sale is accurate. Communication between
sellers and potential buyers is encouraged and the essexmart web site provides a
messaging system for such communication.
Placing a bid on any item at auction is confirmation that it is your
intention to purchase the item for the amount of your bid should your bid prove
successful. Placing a bid is considered to be a legally binding intention to
purchase for the amount of the bid.
Once placed a bid cannot normally be withdrawn. Withdrawal of a bid is
permitted only under certain circumstances as follows:
The Seller has made a material alteration to the description of the item
offered for sale.
The Seller has made an typographical error in the description of an article
The Seller agrees to the withdrawal of the bid.
6. Prohibited Items
These are listed separately on the site.
7. Prohibited Activities
Sellers may not
Make use of a secondary registered user name to bid for their own
products for any reason
Encourage bids from potential buyers who are bidding for similar items from
another registered user.
List items for sale that you do not possess unless stated in the items
listing
Buyers/Bidders may not
Bid constantly for an item in order to expose the sellers reserve price and
then retract bids and rebid at a lower price using either the same or a
secondary registered user name.
Bid for an item that you have no intention of purchasing
8. Disputes
CRD Associates (UK) Ltd. is not involved in any transactions carried out at
the essexmart site and cannot get involved in disputes between a seller and a
buyer or bidder. Consequently you release CRD Associates (UK) Ltd (including all
employees, officers and suppliers) from any and all types of damages and claims
arising from such disputes.
9. Registered User validation
It is not possible to verify or validate a registered user at the essexmart
site. You are encouraged to use the auction feedback system or contact the
user if you are in any doubt as to their identity or credentials.
10. Registered User Feedback
Registered users are encouraged to leave feedback information concerning
users they have done business with. It is expected that such feedback will be
constructive and honest.
It is prohibited to use the feedback system in the following way
Leaving comments that contain vulgarity or profanity
Leaving comments which reveal the personal identity of the registered user
Leaving threatening comments
Leaving comments with respect to transactions not involving yourself
Abuse of the feedback system in such a way may lead to the suspension of your
account.
11. Privacy Policy
This is listed separately on the site.
12. Billing and Account Settlement
Listing fees and closing fees are charged to your account as appropriate and
the account invoiced for payment on a monthly basis. This must be paid in full
within 14 days of receipt by whatever payment method you have elected to use.
Non-payment of an account may result in suspension or termination of your
account.
13. Site Interference
You undertake along with any affiliated party or parties contracted by you
not to take any actions to interfere with the operation or performance of the
essexmart web site. This includes but is not limited to the use of any
software, hardware or programmed routine that could de-stabilise the web site or
interfere with any of the information held on the site.
14. Limitation of Liability
In no event shall CRD Associates (UK) Ltd (including its officers, employees,
directors and suppliers) be held liable for any loss of profits, revenues, or
any special incidental or consequential damages , however arising, including
negligence resulting from or in connection with this agreement or use of the
essexmart website.
The essexmart site and services are offered 'as available' and 'as is'
without any warranties or guarantees expressed or implied. We and our suppliers
specifically disclaim the implied warranties of title, merchantability, fitness
for a particular purpose and non infringement.
15. Indemnification
You agree to indemnify and hold harmless CRD Associates (UK) Ltd. (including
its officers, employees, directors and suppliers) from any claim or demand
including legal fees made by any third party due to or arising from your use of
the essexmart website, your violation of this user agreement.
16. Registered User Responsibility
It is your responsibility to comply with all laws and regulations regarding
your use of the services provided by the essexmart web site.
17 User Agreement Violation
CRD Associates (UK) Ltd. reserve the right to terminate your account
temporarily or permanently should you violate any part of this use agreement.
This includes the termination or suspension of and transactions you may be
involved in at the time, without refund, compensation or liability for loss of
business or revenue which you may claim as a result of such termination.
18. Disclosure
The services offered at the
www.essexmart.co.uk website are provided by CRD Associates (UK) Ltd. This
user agreement is legally binding between the registered user and CRD Associates
(UK) Ltd. Any enquires may be addressed to us at the following address:
CRD Associates (UK) Ltd, Suite 2, HCR House, Bakers Lane,Ingatestone, Essex,CM4 0BZ
Tel: 01277 355933
Email: enquires@crdassociates.co.uk
