elolly.com - Terms and conditions of use
These terms and conditions apply between you, the user of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and elolly Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, user or users, buyers or seller means any third party that accesses the Website and is not either (i) employed by elolly Limited and acting in the course of their employment or (ii) engaged as a consumer or otherwise providing services to elolly Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All content included on the Website, unless uploaded by users, is the property of elolly Limited, our affiliates or other relevant parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlaying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the Website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:
- Retrieve, display and view the content on a computer screen.
- Print one copy of the content.
3. You must not otherwise reproduce, modify, copy distribute or use for commercial purposes any content without the written permission of elolly Limited.
4. You acknowledge that you are responsible for any content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to distribute or otherwise publish through the Website any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin or any content. You may not upload commercial content onto the Website.
5. You represent and warrant that you own or otherwise all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision of these terms and conditions and will nit cause injury to any person; and that you will indemnify elolly limited for all claims resulting from content you supply.
6. You may not use the Website for any of the following:
- In any way which causes, or may damage to;
- In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- Making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
7. You must ensure that the details provided by you on registration or at any time are correct and complete.
8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
10. You may cancel your registration at any time by informing us in writing to the email address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. In cancelling your registration, you agree to forfeit any subscription credits held in your account at the time. Cancellation or suspension of your registration does nor affect any statutory rights.
Password and security
11. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
12. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
13. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of elolly Limited or that of our affiliates.
14. We assume no responsibility for the content of such Websites and disclaim liability for any use of them.
15. The inclusion of a link to another site on the Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
17. Any online facilities, tools, services or information that elolly Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy or information, compatibility and satisfactory quality. elolly Limited is under no obligation to update information on the Website.
18. Whilst elolly Limited uses reasonable endeavours to ensure the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all users take responsibility for their own security, that of their personal details and their computers.
19. elolly Limited accepts no liability for any disruption of non-availability of the Website.
20. elolly Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
21. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any or our or your liabilities in any way that is not permitted.
22. To the extent that the Website and content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
23. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
24. To the maximum extent permitted by law, elolly Limited accepts no liability for any of the following:
- Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- Loss or corruption of any data, database or software;
- Any special, indirect or consequential loss or damage.
25. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
26. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
28. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
29. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, the provision or part- provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
30. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
31. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts.
Formation of contract
32. By listing an item with elolly.com, and confirming payment, you make a binding offer to enter into a contract to sell the item listed.
33.When listing with elolly.com it is your responsibility to describe, portray, display or otherwise promote the listed item as accurately as can reasonably be expected.
34. You may amend or withdraw from sale, the item listed up until the start of the auction.
35. Upon commencement of the auction, you are legally bound by contract to proceed with the sale of the item to the highest bidder, where a reserve price has been elected and the bid has achieved or exceeded the reserve price elected.
36. In circumstances where a bid has been made and you have not elected a reserve price, you are legally bound by contract to sell the item to the highest bidder, despite the value of the bid.
37. To withdraw from offer, or not to continue with the sale of goods at the close of auction will be in breach of contract and will be legally binding within the jurisdiction of the courts of England and Wales.
38. By placing a bid on a listed item within a live auction, you are entering into a legally binding contract to honour that payment when due, where it is the case that the bid placed is the winning bid.
39. elolly Limited provide a marketplace platform via elolly.com, for sellers and buyers to sell or exchange goods or services. By using the Website and thereby accepting these terms and conditions, you acknowledge that elolly Limited are not responsible and hold no position of liability for disputes between users of the Website.
40. elolly.com do not hold or exchange monies on behalf of users of the site and all such transactions are the responsibility of those who form a contract to sell and buy by way of the live auction, to pay monies direct from the buyer to the seller.
41. Unless payment is made by cash on collection, elolly.com recommend buyers and sellers to use PayPal where possible to ensure that payment protections can be secured.
42. When using PayPal, buyers or sellers can initiate dispute resolution using PayPal’s Dispute Resolution Centre https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security
43. elolly Limited will work with PayPal Dispute Resolution Centre to ensure a satisfactory outcome is achieved where possible.
44. elolly Limited accept no responsibility or liability for the condition or otherwise of goods sold or exchanged between users of this Website.
elolly Limited details
45. elolly Limited is a company incorporated in England and Wales with registered number 10938182 and operates the Website www.elolly.com. The registered VAT number is 286026788. elolly.com it’s design logo and concept are trademark registered with the IPO. You can contact elolly Limited by email on firstname.lastname@example.org