BUY PURPLE TERMS AND CONDITIONS
Buy Purple was created to be a low cost alternative to larger auction websites, and be an enjoyable experience, but it also has limits and risks that you should understand before participating.
Please help us to keep Buy Purple an enjoyable and friendly experience. If at any time you see a listing that violates any of Buy Purple trading rules, please let us know by contacting us through the Buy Purple email system by clicking the link provided here.
The term 'Buy Purple' or 'us' or 'we' refers to the owner of the website whose registered office is 'C/o 249 Southwell Road East, Rainworth, Nottinghamshire. NG21 0BN Company Number 9138877
The term 'user' refers to the user or viewer of our website.
The term ‘your customer’ or ‘other user’ is another Buy Purple customer with whom you are conducting business.
The term ‘Terms and Conditions’ may also be referred to as ‘T & C’s.
BUY PURPLE’S RIGHT OF TERMINATION
You agree that Buy Purple, in its sole discretion, may terminate any listing or use of the service immediately and without notice if (a) Buy Purple believes that you have acted inconsistently with the spirit or the letter of this Terms of Service or (b) Any breach in the listing rules or (c) if Buy Purple believes you have violated or tried to violate the rights of other users, or (d) you are under the age of 18.
By using Buy Purples Online Services, you are acknowledging that you do so by virtue of what is known as temporary licence provided to you by Buy Purple, to use the website, which can be removed at any time. The 'licence' can be removed for any reason including but without limitation the failure to abide by Buy Purple Terms and Conditions, Listing Rules or breach of the intellectual property rights in the content of Buy Purple's website.
YOUR RIGHT OF TERMINATION
If you wish to terminate your account with Buy Purple then you must contact us by clicking the link provided here, making your request, whereon any monies due must be paid prior to termination. (Please note that due to spam filtering you should always use our contact form).
If either you or Buy Purple terminate your membership, you will continue to owe Buy Purple any monies which you owed to us before termination.
YOUR RIGHT OF PAYPAL PAYMENT PROTECTION
You must ensure that when you register, that you used the same address as the one you verified as being your address on PayPal. Failure to comply will result in you NOT being cover by PayPal's payment protection.
Buy Purple will in any case will show to the vendor the address that is shown on your PayPal account, for dispatch. No other address can be used for protection purposes.
CONDUCT OF USE
You as the vendor or purchaser, must be 18 years or older. You will be solely responsible for the contents of your sales descriptions through the Buy Purple service. You must ensure that your participation in the selling or buying of items does not violate any local, country or international rules, laws or regulations. This means that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation, such as an embargo.
Buy Purple will take reasonable steps to ensure that its members do not fall within the above described category, and will exercise the rights of suspension and termination as described in these T & C's.
When you list an item or service on Buy Purple, you enter a contract to sell the item or service. You do have the ability to prematurely end an item, however in the event that a potential buyer has bid on the item, they will be declared as the winner of the auction, and informed of this fact by email. You will still be liable for all related auction fees.
You may not sell or buy property which requires a written contract or sale, which is illegal, which may also require a licence to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which requires you to obtain any export licence.
You must not send by any means, through the Buy Purple website any unlawful, libellous, abusive, threatening, harassing, harmful, obscene, vulgar, racist or otherwise objectionable material. You must also not transmit any material including pictures that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Buy Purple prohibits the use of any internet service to post or send spam to drive visitors to your or any other website hosted on or through the Buy Purple system, whether or not the messages were originated by you, under your direction of a related or unrelated third party. This will be good grounds for Buy Purple to terminate your account if found to be prevalent.
Buy Purple is not a traditional auctioneer and does not review the listing prior to publication, and therefore takes no part in the Buyer - Seller involvement other than to advertise the item or items for sale.
Buy Purple will therefore not be classed under the Consumer Protection (Distance Selling) Regulations 2000 as the seller. This is due to the fact that Buy Purple has at no time possession of the items to be sold. We the company are not involved in the physical movement or transfer of any goods, services, or intangible items sold, or the transaction by the buyer and the seller or vendor. The seller or vendor will be deemed as the person/company placing the item for sale on Buy Purple. (Please see Consumer Protection (Distance Selling) 2000 Regulations for more details.) If you are a business user, it will be your responsibility to ensure this legislation is adhered to.
Buy Purple auction services are available only to individuals who can form legally binding contracts under civil law. We will require your full address and telephone number as contact information on registration. Without limitations, Buy Purple services are not available to persons under the age of 18 years old.
BUY PURPLE WEBSITE - USE
The Buy Purple website acts as the venue for sellers to conduct sales and for bidders to buy, offer or bid on sellers' listings.
Buy Purple is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the safety, quality or legality of the items advertised or listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Buy Purple cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
You as the vendor give us a non-exclusive, royalty-free, irrevocable, worldwide, sublicense able (through multiple tiers) rights to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your the vendor listings or bids. For the purpose of this Buy Purple Agreement, "User Data" shall mean all information (if any) submitted by you, (the "User") to Buy Purple with the exception of credit card numbers, bank account numbers etc.
Buy Purple forbids any resale or unauthorised commercial use of the Buy Purple service(s). You agree not to make any unauthorised commercial use of the service without express written consent of Buy Purple.
Buy Purple makes no warranty that the website service will fully meet your requirements, or that the service will not be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information provided by sellers or buyers and obtained through the service.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Buy Purple.
Buy Purple solely reserves the right to provide other parties with information pertaining to a complaint or statement, written or oral, made against them by you or a third party acting with or without your consent. This will include any law enforcement agency with legal documents, because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users. In addition you release Buy Purple (our employees, contractors 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.
The user agrees that Buy Purple shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service.
No advice or information, whether oral or written, obtained by any user from Buy Purple or through or from the service(s) provided by Buy Purple shall create any warranty not expressly stated herein.
The user agrees that the use of the Buy Purple service(s) is at user's sole risk. The service is provided on an "as is" and an "as available" basis.
You the user will reimburse us for any loss, cost or expense which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from your computer. Administration charges and subsequent court costs will be levied against the user causing the loss.
Buy Purple shall not be responsible for any items sold via the website service, for any items damaged while being posted or in postal transit or during the buyer’s inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Buy Purple shall not and will not be responsible for the cost of obtaining substitute goods or any losses resulting from any goods obtained or purchased.
Buy Purple assumes no liability as to the content of any of the listings. The seller / vendor shall reimburse Buy Purple for all losses Buy Purple may suffer as a result of the listing.
With regard to item pictures being uploaded onto our system, you will not use any other picture or image other than one that you have full copyright ownership of. If you should use an image such as a Getty or Stock photo images to display your item you must have a fully paid licence for that image. You will be solely responsible for any infringement of copyright including any costs or legal fees resulting in any breach. Buy Purple, if involved in the case will transfer liability to the user/seller of the said item, and will also claim any damages or legal costs resulting in the breach. We therefore advise you take your own pictures to upload, and not to use anyone elses work.
Any right to sell items through our service is subject to the correct and accurate free registration process.
AUCTION LISTING RULES - INCLUDING RESTRICTED AND PROHIBITED ITEMS
The right to sell items through The Buy Purple service is strictly subject to the Buy Purple Auction Listing Rules. Please see Auction Posting rules
If any user is found to have broken any of these rules, their account and all their listings will be suspended by Buy Purple without notice. It is at the discretion of Buy Purple if the account will be re-opened or not. Further, for serial offences, it will result in a permanent ban being placed on the offending account. Any re-entered duplicate accounts from this same user will also be removed without notice.
Due to the nature of the website we will collect and store personal information. Depending on the services used by you, we may also ask you to submit more specific pieces of identification such as photographic document such as a driver's licence or a recent utility bill to further authenticate your identity, ownership or address relating to the product.
Data Stored includes information with any discussions, message board chats, feedback, dispute resolutions and correspondence through our websites, plus correspondence sent to us.
All other information from you the user's interaction with our website, services, content and advertising; this includes any computer and connection information, website statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
Buy Purple provides personal and business contact information to Payment Processors to enable your transaction exchanges to run efficiently. Information provided may include Username ID, contact name, address, email address and other contact address and shipping details, and on some requests, any contact telephone numbers.
Buy Purple may disclose personal information to comply with any legal requirements such as court orders, in compliance with any relevant laws, and to aid with any investigations and actions permitted in response to any claim(s) that a listing or other content violates the rights of others, as per the conditions of use rules, or to protect personal rights, safety, or properties. Buy Purple will retain personal information to comply with statutory legal requirements and to ensure where possible a secure and safe online trading environment and employs proactive fraud prevention screening.
All the personal data entered is recorded and stored on our secure servers and database(s).
By accepting the Buy Purple Terms & Conditions you will consent to our collection, storage, use and restricted disclosure of your personal information as described in this document.
CHANGES TO OUR SERVICE
Buy Purple maintain and reserve the right to make modifications to pricing at any time; modify or discontinue a service, or any part of a service, if there is a change, such as in the law, or in our operational requirements such as upgrades and new features including old ones. Buy Purple will not be held liable for any loss you may suffer if we have to modify or cease the service for reasons beyond our control. Where possible we will provide a 30 day notice to all users of the changes. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving any notice. If this is the case we will attempt to inform you as soon as possible either by electronic means or website messages.
If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement.
The Buy Purple Terms and Conditions shall be, and will be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
If a dispute arises between you and Buy Purple, we strongly encourage you to firstly contact us directly to seek a resolution by contacting Buy Purple.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Buy Purple both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between buyer and seller, we strongly encourage you to firstly contact the other party directly to seek a resolution by contacting the seller or buyer through the Buy Purple customer to vendor messaging system.
You are advised in most circumstance to use PayPal as you have buyer protection.
However if you transmit monies or hand over cash that you first view your product and then agree to the product being merchantable.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. Buy Purple will not cover your court costs in disputes between buyer and seller.
If mediation or arbitration fails and payment is made by an untraceable means then Buy Purple cannot and will not be able to assist with this dispute.
This also applies to sellers posting goods prior to payment by means of a payment of an untraceable means, i.e. cash.
All goods sent should be sent where possible by a tracked method to ensure there is no dispute with delivery.
BUY PURPLE LTD Registered in England & Wales - Company Number 9138877