General
Terms and Conditions
Lovelyjubbly.™,
General
Terms and Conditions
Use of the Lovelyjubbly Online service web site and
the services we offer constitutes your acceptance of all terms and conditions
stated in this Agreement.
Lovelyjubbly.com is one of the trading names of
Whippsons ltd who are registered in England and wales, No 07877903, Registered
office, 22 market place, Gainsborough, Lincolnshire, dn21 2bz
Lovelyjubbly Online service reserves the right to
change or amend this agreement at any time. Changes or Amendments will be
posted to our site and considered effective 30 days from the date they are
posted to the site. If you do not agree to such changes, you may request that
we close your account by contacting us.
If you have any questions regarding this User
Agreement contact us. Through the contact us button on the home page.
1. Eligibility / Registration
To use our services, you must be at least 16 years
of age and be able to form or enter into a legally binding contract in
accordance with applicable laws of England and wales. If you are eligible to
use our services, you must complete the Registration process by providing Whippsons Ltd Online service with true
and correct information, as required on the Lovelyjubbly Online service
registration form. If the information you provide is found to be false or
non-verifiable, we may suspend or terminate your registration and account.
2. Lovelyjubbly Online service serves only as a
Venue. Lovelyjubbly Online service is an Internet site on which registered
users post ads offering merchandise which they possess and wish to sell in an
open auction environment. Registered users may also bid on or buy such
merchandise. At no time does Lovelyjubbly Online services possess, hold, or
offer any merchandise for sale or auction, nor are we involved in any part of
the actual transaction. Lovelyjubbly Online serviceserves only as a venue in
which individual sellers and buyers may engage in transactions between each
other.
Because of our non-involvement in these
transactions, it is the sole responsibility of the seller to accurately
represent the quantity, quality, safety, authenticity, and availability of the
items the seller has listed on the site. Furthermore, it is the responsibility
of the bidder/buyer to verify with the seller any or all information about any
item listed on Lovelyjubbly website, for which they intend on placing a bid,
before placing such bid. Lovelyjubbly Online service cannot be responsible for
a seller's willingness or ability to sell any item they have listed, or a
Bidders willingness to follow through with a transaction for an item(s) for
which they have placed a bid.We encourage open communication between buyers and
sellers before and after any transaction takes place.
3. User Verification
Because of difficulties involved with verification
over the Internet, Lovelyjubbly Online service is unable to guarantee that a
user is who they may claim to be. If you are uncertain as to another user’s
identity, we suggest that you contact them. You may also review any member’s
feedback profile to see what others have said about dealing with them.
4. Disputes and Release
Because Lovelyjubbly Online service has no
involvement in transactions between users we cannot get involved in disputes
between users. You hereby release Lovelyjubbly Online service (including all
officers, employees, parent companies, contractors, suppliers, or agents) from
any and all types of damages or claims resulting from such disputes.
5. Selling on Lovelyjubbly.com auction system
website
By listing an item(s) for auction/sale on
Lovelyjubbly.com auction system, you are stating that you have the intention
and ability to sell the item(s). You furthermore state that any item(s) which
you are offering for auction/sale does not violate any United Kingdom laws,
regulations, or guidelines prohibiting the sale or distribution of your
item(s).
To list an item on the lovelyjubbly.com auction
system is free and it is also free to have a picture of that item at no charge.
All other features that are available through the
lovelyjubbly auction system may incur some costs, when placing your item or
service onto the system you will be reminded of this fee the terms and
conditions at the point of confirming the listing, confirming the listing and
agreement is acceptance that you understand the costs and agree to pay any fee
that you have incurred by deciding to use elements that have a fee attached.
You agree to pay those fees when prompted at the end of each calendar month
Listings may consist of any one, or a combination of
the following:
A detailed and accurate text description of your
item
A picture which you supply of your item
A link to a picture (that you own or have rights to
link to)
Listings may not contain items or information that:
Violate any United Kingdom laws that prohibit the
sale or distribution of your item.
Infringe upon any third parties, copyright, patent
or trademark rights.
Falsely advertise, or misrepresent the merchandise
being offered for sale.
Are sexually explicit in nature, contain or describe
sexual acts, nudity, pornography or child pornography, or would be classified
as Adult only material.
By paying a listing fee or final auction value fee
to Lovelyjubbly.com auction system, might cause us to violate any United
Kingdom laws, regulations or guidelines.
If at the close of your auction, a bid has been
placed on your auction that meets or exceeds your stated minimum bid or reserve
price, you are obligated and agree to complete the transaction with the high
bidder(s) as per the terms and conditions stated in your listing.
Sellers may not engage in the following activity:
Using a secondary User ID, to place bids on your own
auction for any reason.
Soliciting bidders who have placed bids in an auction
being run by another seller offering an item similar or identical to yours.
Listing an item in which you have a limited quantity
available, and have also listed, at the same time, on another online auction
site.
Listing items which you do not have possession of at
the time of listing unless this information is clearly stated within the item's
description.
If you are running a Dutch Auction, your items must
be identical in size, shape, colour, and description.
The live streaming service is offered to but not
restricted to sale rooms that operate and run auction style sales from premises
of the business and are solely responsible for the choice of provider of the
streaming system used, and may use any one of the several systems available.
6. Placing Bids
When you have registered and have decided to place a
bid in the attempt to purchase the listed item then you are agreeing to these
terms and conditions,
By placing a bid on an item(s) listed on
Lovelyjubbly Auctions system, you are stating that you have the ability and
intention to purchase the item for the amount of your bid, should the auction
end and you are the high bidder. In the case of a reserve auction, if your bid
meets or exceeds the sellers stated reserve price, you agree to purchase the item(s)
for the amount of your winning bid.
Before placing a bid in an auction, you should be
certain you understand all terms and conditions of the sale as indicated by the
seller. Placing a bid is considered a legal, binding contract in the United
Kingdom. If you have any questions about an item, or the seller offering the
item, you should ask the seller before placing your bid.
Only in certain situations would bid withdrawal be
acceptable. These situations may include:
The seller has made material changes to the
description of the item after your bid was placed.
The seller has made a typographical error in the
description of the item.
You have contacted the seller and received their
express permission to withdraw your bid.
When bidding on and using the live bid option
lovelyjubbly do are not responsible for the quality/speed or of that feed and
the item being sold.
Bidders may not engage in the following activity:
Bidding in a manner that causes the maximum bid of
other bidders to be revealed, then retract your high bid, and bid again at a
lower increment above the true high bidder.
Placing bids for the purpose of exposing the sellers
reserve price, then retract your bid and bid again later with a secondary User
ID.
Bidding on any item that you do not have the
intention or means to purchase at the close of the auction, should your high
bid cause you to win the auction. You are encouraged to ask the seller of an
item listed on Lovelyjubbly.com auction system, any questions you may have
regarding the sale of, or condition of the item before placing your bid.
By placing a bid, you further state that the
purchase and or delivery of the item does not violate any UK laws, regulations
or guidelines regarding the sale or distribution of such item(s).
Whilst the
Website Operator may endeavour to facilitate electronic or other
communications between Users and Sellers, it accepts no responsibility
in respect of the availability or performance of any such services.
Users must register and agree to the lovelyjubbly online service Terms before they can participate in any auctions (whether live or otherwise).
7. Personal Information
Personal information is the information that you
provide to Lovelyjubbly Online service or to other members when:
Completing the registration process.
Listing an item.
Placing a bid.
Leaving feedback comments.
Entering your payment gateway details for
verification.
You are responsible for your personal information.
In the event that your information creates a liability to us that may cause our
Internet service provider, suppliers, agents, or contractors to sever their
services to us because of such liability, we may take appropriate actions
regarding such information.The use of your information is explained in our
current Privacy Policy.
9. Your Password
You may not disclose, share, or distribute your
password to any third party. If you feel your password has been jeopardized,
you may change your password at any time, and as often as you wish.
10. Stability
Neither you nor any parties affiliated with,
contracted by, or created by you may take any actions to interfere with or
interrupt, the operation or stability of the Lovelyjubbly Online service web
site. This includes, but is not limited to, the use of any software, device, or
programming routine that could place excessive loads on our system or interfere
with any listing or auction listed on our site, or any users account or
information.
11. Feedback
Lovelyjubbly Online service provides registered
users with the ability to leave comments about their experiences in dealing
with other registered users, through our feedback system. It is expected that
you will use the Feedback system in a manner that upholds and maintains the
integrity of the Feedback System.
The following actions regarding the use of the
Feedback system are prohibited:
Threatening another user with negative feedback for
their refusal to perform actions not related to your transaction with that user
or their failure to agree to terms and conditions of an auction that were not
stated in the original listing.
Leaving feedback that contains vulgarity or
profanity.
Leaving feedback that discloses another users
personally identifiable information.
Leaving comments that are negative in nature,
through the selection of the Positive comment option.
In the event that you violate any of the above
Feedback rules or your feedback rating should reach the status of -4 (negative
4) your registration and account may be suspended.
12. Privacy
Lovelyjubbly Online service takes several steps to
protect and prevent the misuse of the personal and private information you
supply us. You may review our current Privacy Policy.
13. Notice
All notices given between both parties (You and
Lovelyjubbly.com auction system) will be made via email, certified mail, or
registered mail. Notices we send you will be addressed to the email address
which you provided during the registration process or currently have on file in
your account with us. In these instances, unless the party sending the email is
notified that the Recipients email address in not valid, such notices will be
considered given 24 hours from the time the email is sent.
Notices regarding changes to the terms and
conditions may be given by posting such changes to the site, and will be
considered given and effective 30 days from the time of such posting.
14. Limitation of Liability - Non Warranty
IN
NO EVENT SHALL Lovelyjubbly Online service(INCLUDING OUR SUPPLIERS, OFFICERS,
DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE
SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE",
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
Lovelyjubbly.com auction system, its officers, employees, parent companies,
subsidiaries, contractors, vendors or affiliates, from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Lovelyjubbly.com auction system, the violation of this
User Agreement by you, or the infringement by you or any other user of this
site using your computer, of any intellectual property or other right of any
person or entity.
16. Legal Responsibility
It is your responsibility to comply with all
applicable laws, statutes, ordinances and regulations regarding your use of our
service and your bidding on, listing, purchase and sale of items through our
site.
17. No Partnership / Agency
You and Lovelyjubbly Online service act as
independent contractors. At no time is any partnership, agency, joint venture,
employee-employer or franchiser-franchisee relationship intended or created by
this Agreement.
18. Violation of Terms and Conditions
We may terminate your account, registration
temporarily or permanently should you violate any portion of this User
Agreement. This includes the termination or suspension of any auctions you may
be running at the time, without refund of any fees or compensation or liability
for loss of business or revenues which you may claim, as a result of such
termination.
19. Disclosure
The services herein are offered by Lovelyjubbly.com
auction system. Any Inquiries can be made to the following address:
Lovelyjubbly.com
Trading Name of Whippsons ltd who are registered in
England and wales, No 07877903, Registered office, 22 market place,
Gainsborough, Lincolnshire, dn21 2bz
These Terms of Service shall 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.