BY USING OUR WEBSITE WWW.BUYABEAM.COM (“SITE”), YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.
1 WHO WE ARE AND WHAT THESE TERMS DO
We, BUYABEAM LIMITED, a company incorporated under the laws of England and Wales with company number 12158075 and registered office address at Unit 3a Lucas Green, West End, Woking, Surrey, United Kingdom, GU24 9YB, operate the Site and license you to use it as permitted in these Terms.
2 WE ARE NOT RESPONSIBLE FOR PRODUCTS YOU SELL VIA THE SITE
2.1 The Site is a marketplace for you to list and sell CE-marked steel products (the “Products”) to consumers and businesses alike (the “Buyers” and each a “Buyer”). We are neither a buyer nor a seller and we are not acting as your agent.
2.2 If you proceed to sell Products through the Site, you will enter into a separate contract solely with the Buyer. Your contract with the Buyer must incorporate the terms of sale set out in the Schedule to these Terms or, if you trade with the Buyer on your own terms of sale, you must ensure that they are no less onerous than, and include as a minimum substantially similar provisions as, the terms set out in the Schedule. Whether you use the terms of sale set out in the Schedule to these Terms or your own terms of sale, you are solely responsible for ensuring that they are suitable for your particular business purposes and for seeking such legal advice on your trading terms as you consider appropriate.
2.3 We do not assume any responsibility nor make any representation, warranty or guarantee, whether express or implied, as to the Products.
3.1 We will charge you for access to the marketplace available via the Site in accordance with our commission rate which amounts to 10% at the date of these Terms (unless otherwise agreed by us in writing) and as may be varied by us in accordance with clause 3.2 below (the “Charges”), which shall be applied to the net payment (less any value added tax or other sales tax, any expenses incurred by you and any discounts or rebates granted by you) to be received by you under each of the following contracts:
- 3.1.1 a contract which is entered into by you and a Buyer via the Site;
- 3.1.2 a contract which is entered into by you and a buyer who was introduced to you via the Site within 30 days of such introduction; and
- 3.1.3 each subsequent contract which is entered into by you and any of the above-mentioned persons within 30 days of the most recent contract entered into by you and such person,
- (each a “Contract”).
3.2 We reserve the right to vary the Charges upon 30 days’ prior written notice to you.
3.3 We shall automatically invoice you for our Charges in respect of each Contract as described in clause 3.1.1 above as soon as it is entered into via the Site.
3.4 You shall promptly, after entering into any Contract as described in clause 3.1.2 and clause 3.1.3 above, notify us in writing of the following:
- 3.4.1 the date you enter into a Contract;
- 3.4.2 the amount of the payments due under it; and
- 3.4.3 the dates on which payments are due,
- whereupon we shall invoice you for our Charges in respect of such Contract.
3.5 If you receive payment under any Contract in instalments, then the Charges shall be calculated and paid on such instalments as they are received by you.
3.6 You shall on the date of your acceptance of these Terms provide us with valid, up-to-date and complete payment card details and you hereby authorise us and / or any third party appointed by us to process and administer card payments under these Terms to bill such payment card when our Charges arise in accordance with these Terms. Time for payment shall be of the essence of these Terms.
3.7 You shall keep separate accounts and records giving correct and adequate details of all Contracts entered into by you, all payments received under them and all deductions made. You shall permit our authorised representatives or their duly appointed agents at all reasonable times to inspect all such accounts and records and to take copies of them. For the avoidance of doubt, all rights in such records (including database right and copyright) shall belong to us.
3.8 All amounts payable under these Terms:
- 3.8.1 shall be payable in pounds sterling; and
- 3.8.2 are exclusive of value added tax or other applicable sales tax, which if applicable shall be added to the sum in question.
3.9 If you do not make any payment to us by the due date, without prejudice to any other rights or remedies available to us, we may:
- 3.9.1 without liability to you, disable your account and end your rights to use the Site and we shall be under no obligation to provide you with access to the Site while the amount(s) concerned remain unpaid; and
- 3.9.2 charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
3.10 You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4 QUALITY REQUIREMENTS
4.1 All Products and any parts thereof you list and sell via the Site must be CE-marked.
4.2 You shall allow our authorised representatives or their duly appointed agents to have access to your premises and Products at all reasonable times for the purpose of inspecting the same.
4.3 Your performance will be regularly monitored by way of feedback from Buyers and the aforesaid inspections of your premises and Products. If your performance falls below the standards reasonably accepted by us or if you are regularly rejecting orders placed by Buyers via the Site, we may immediately disable your account and end your rights to use the Site.
4.4 You shall notify us in writing immediately upon becoming aware of being unable to supply Buyers via the Site and we will immediately disable your account and end your rights to use the Site.
5 HOW YOU CAN CONTACT US AND HOW WE WILL COMMUNICATE WITH YOU
5.1 Contacting us. If you wish to contact us, you can reach us via email at email@example.com or telephone on 0330 320 0650.
5.2 How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
6 HOW YOU MAY USE THE SITE
In return for your agreeing to comply with these Terms you may access the Site via a desktop computer, laptop computer, mobile telephone or handheld device and use it for the purpose of listing and selling the Products only.
7 YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE SITE
You must be 18 or over to accept these Terms and use the Site.
8 OUR SITE IS ONLY FOR USERS IN ENGLAND
Our Site is directed to people residing in England. We do not represent that our Site is appropriate for use or available in other locations.
9 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
10 YOU MAY NOT TRANSFER THE RIGHT TO USE THE SITE OR YOUR ACCOUNT DETAILS TO SOMEONE ELSE
We are giving you personally the right to use the Site as set out in clause 6 above but you may not transfer this right or your account details to someone else, whether for money, for anything else or for free. If you sell any device on which the Site is used, you must remove your account details from it.
11 CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 15 May 2020.
12 CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
13 WE MAY SUSPEND OR WITHDRAW OUR SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.
14 IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you access or use the Site on any computer, phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the computer, phone or other device.
15 YOUR PRIVACY
15.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
16 WE MAY COLLECT PERSONAL DATA ABOUT YOUR DEVICE
By using the Site, you agree to us collecting and using technical information about the devices you use the Site on and related software, hardware and peripherals to improve the Site.
17 WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN OFF LOCATION SETTINGS)
The Site will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location settings for the Site on the device. By using the Site, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data to provide and improve the Site.
18 WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
18.1 The Site may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
18.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- 19.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Site in any form, in whole or in part to any person without prior written consent from us;
- 19.2 not copy the Site, except as part of the normal use of the Site or where it is necessary for the purpose of back-up or operational security;
- 19.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Site nor permit the Site to be combined with, or become incorporated in, any other programs, except as necessary to use the Site on devices as permitted in these Terms;
- 19.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site or the technology used or supported by the Site nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Site to obtain the information necessary to create an independent program that can be operated with the Site or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- 19.4.1 is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- 19.4.2 is not used to create any software that is substantially similar in its expression to the Site;
- 19.4.3 is kept secure; and
- 19.4.4 is used only for the Permitted Objective;
- 19.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Site.
20 ACCEPTABLE USE RESTRICTIONS
- 20.1 not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Site or any operating system, including without limitation as set out under clause 22.7;
- 20.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Site, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- 20.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site;
- 20.4 not use the Site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- 20.5 not collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site.
21 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Site throughout the world belong to us or our licensors and the rights to access and use the Site are licensed (not sold) to you. You have no intellectual property rights in, or to, the Site other than the right to use them in accordance with these Terms.
22 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
22.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
22.2 Subject to clause 22.1, we exclude and limit our liability to you as follows:
- 22.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it;
- 22.2.2 We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, even if foreseeable, for any loss of profits, loss of business, business interruption, loss of business opportunity, depletion of goodwill and / or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with these Terms; and
- 22.2.3 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, even if foreseeable, arising under or in connection with the performance or contemplated performance of these Terms shall be limited to the total Charges you paid to us during the 12 months immediately preceding the date on which the claim arose.
22.3 Limitations to the Site. The Site is provided for general information only and we do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Site. Although we make reasonable efforts to update the information provided on our Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
22.4 Please back-up content and data used with the Site. We recommend that you back up any content and data used in connection with the Site, to protect yourself in case of problems with the Site.
22.5 Check that the Site is suitable for you. The Site has not been developed to meet your individual requirements. Please check that the facilities and functions of the Site meet your requirements.
22.6 We are not responsible for events outside our control. If our operation of the Site is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
22.7 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
23 RULES ABOUT LINKING TO OUR SITE
23.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
23.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.3 You must not establish a link to our Site in any website that is not owned by you.
23.4 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
23.5 We reserve the right to withdraw linking permission without notice.
23.6 The website in which you are linking must comply in all respects with the acceptable use restrictions set out in clause 20.
24 WE MAY END YOUR RIGHTS TO USE THE SITE
24.1 Without affecting any other right or remedy available to us, we may disable your account and any user identification code or password, whether chosen by you or allocated by us, and end your rights to use the Site in the following circumstances:
24.1.1 at any time by contacting you;
24.1.2 as set out in accordance with the provisions of these Terms; and
- 188.8.131.52 in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If what you have done can be put right, we will give you a reasonable opportunity to do so;
- 184.108.40.206 you have not been active on our Site for a period of 90 consecutive days;
- 220.127.116.11 you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
- 18.104.22.168 you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business.
24.2 If we end your rights to use the Site:
- 24.2.1 you must stop all activities authorised by these Terms, including your use of the Site;
- 24.2.2 you must delete or remove your account details from all devices in your possession and immediately destroy all copies of the Site which you have and confirm to us that you have done this; and
- 24.2.3 we may remotely access your devices and remove the Site from them.
25 WE MAY TRANSFER OUR CONTRACT WITH YOU TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
26 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
27 NO RIGHTS FOR THIRD PARTIES
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.
28 IF A COURT FINDS PART OF THE CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
29 EVEN IF WE DELAY IN ENFORCING THE CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
30 WHICH LAWS APPLY TO THE CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.