TERMS AND CONDITIONS

1. Who we are and how to contact us

We are Sellmyclobber Limited trading as Sellmyclobber, a limited company (registration number 14821608). Registered office at 5 Mountain View Close, Connah’s Quay, Flintshire CH5 4HH. For information on the best way to contact us, see www.sellmyclobber.com/contact-us

Sellmyclobber is a marketplace that allows users to offer, sell and buy mens designer branded clothing. Sellmyclobber offers services as an intermediary between Buyers and Sellers. The Services are regulated by these Terms.

Sellmyclobber does not have possession of anything listed or sold through Sellmyclobber, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Sellmyclobber is not a party to the transaction. Sellmyclobber does not buy or sell the Items listed for sale on the Site.

Any guidance we may provide on pricing, postage, listing and other guidance is for information purposes only and you may decide to follow it or not. Sellmyclobber does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, Sellmyclobber has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Before signing up on the Site, every User must read these Terms and Conditions (the “Terms”) which form a legally binding agreement between you and Sellmyclobber regarding your access and use of the Site, and undertake to comply with them. Every User must also read the Privacy Policy.

2. When these terms apply

These terms apply to Sellers on Sellmyclobber, our online marketplace. 

3. Becoming a User on Sellmyclobber

How to apply and our agreement with you

To buy or sell Items on the Site, and to use Services, you must first register on the Site and create a User account. You can sign up to become a User on our Site here www.sellmyclobber.com/create-an-account. During the application process:

• You and we agree to only use and disclose the other’s confidential information as necessary for making and considering your application and to comply with the restrictions in these Terms.
• Insofar as you have access to Our Systems you agree to comply with all relevant restrictions. 
• The provisions in clause 14 (Other important terms) shall apply to any disputes concerning your application. 

An agreement between you and us governed by all of these terms will come into force when we accept your application. 

The policies which form part of these terms

By continuing to use Sellmyclobber you agree to be bound by the policies published by Sellmyclobber. 

Your warranties about the information you give 

You represent and warrant that:

• You are, and will remain, established in Great Britain (England, Wales or Scotland but not Northern Ireland). 
• The information you provide to us in connection with your application to become a seller on Sellmyclobber is complete and accurate and you’ll promptly notify us of any changes to it and keep the User profile you create up to date. 
• Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.
• You are not a minor under 18 years of age (“Minor”). The Site is not intended for use by Minors. If you are a parent or a guardian of a dependent who is younger than 18 years old, you may create an account and accept these Terms on behalf of such Minor, but by doing so, you take full responsibility for the Minor’s use of the Site and acknowledge that the Site is intended for persons who are at least 18 years old.
• You are not a professional seller. Professional sellers are not authorised to use the Site. Users are not authorised to use the Site for commercial purposes.

Our rights to verify the information you give us and your compliance with these terms 

We may at our option at any time require you to promptly provide us with reasonable evidence that any information you’ve given us is true and up to date and that such information and your behaviour is in compliance with these terms. Such information includes (but is not limited to) information in connection with your application to become a User on Sellmyclobber, in your User profile and in the listings for your Items. We can suspend or restrict individual listings until you’ve supplied this evidence and end this agreement if you don’t comply with this requirement. See clause 7 (Suspension of listings, ending of this agreement and disputes). 

You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the Items you list on Sellmyclobber) and disclose it to tax or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

Your use of Our Systems

You may only use the Site and the other computer systems that support, operate and comprise Sellmyclobber for buying, listing and selling Items and communicating with us and Buyers and/or Sellers as envisaged in these terms. 

You agree to use all reasonable security practices to prevent unauthorised access or damage to Our Systems. These practices include but are not limited to:

• Making sure any devices you use to access Our Systems have up to date anti-virus protection and not introducing any viruses into Our Systems.
• Ensuring that your log-in details and passwords for Our Systems:

• are only used by you;
• are not shared between users; and
• are changed no less frequently than once every six months.
• Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of Our Systems  has been compromised in any other way.

Except as permitted by any applicable law which you and we can’t agree to exclude, you mustn’t:

• Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Our Systems in any form or media or by any means. 
• Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Our Systems.
• Access all or any part of Our Systems to build a Item or service which competes with them.
• Use Our Systems to provide services to third parties or allow or assist third parties to access Our Systems.
• Create multiple accounts to evade punishment or avoid restrictions.

Creating your User profile and listing items on Sellmyclobber

You must create a User profile on Sellmyclobber. Once you’ve done this you can create listings to sell your items on Sellmyclobber. You represent and warrant that you will:

• Only create listings for Items which are not Prohibited Items.
• Only list Items which comply with all applicable legislation and regulations affecting their manufacture, sale, packaging and labelling and don’t infringe third party trade marks or other intellectual property rights. 
• Only list Items which are safe. You cannot list Items that are unsafe, that we reasonably believe to be unsafe or that have been or become the subject of a Item safety alert or recall. We may require Item safety documentation before permitting you to list certain Items. For information on your Item safety obligations, see https://www.gov.uk/guidance/Item-safety-advice-for-businesses.
• Only list Items which are already in Great Britain (England, Wales or Scotland but not Northern Ireland) at the time of their sale to customers. You are not permitted to list Items which will be imported Great Britain on or after their sale to customers, as this has VAT and customs implications for both you and us. 
• Only list Items that you have the right to transfer the ownership of.
• Not offer for resale Items purchase in bulk or Items sold as dropshipping with a low resale value.

When a Seller lists an Item and the listing is published on the Site, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer. The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into contract with a Buyer for the sale of the Item in question.

You must ensure that your User profile and the listings for your Items:

• Comply with our acceptable use policy set out in these Terms, which bans things such as obscenity and defamation.
• Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on Sellmyclobber.
• Are in the English language and be clear and comprehensible.
• Don’t include anything which would encourage or allow customers to contact you other than through the Site, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information.
• Don’t use any search engine optimisation techniques which breach search engines’ guidelines or involve deception, including but not limited to keyword stuffing. 
• Don’t violate the rights of any third party (including any intellectual property rights) and must not violate any local, national or international applicable law or regulation. The Item must be safe and cannot be counterfeit.
• The Items must comply with the Payment Service Provider’s list of prohibited and restricted products and services.
• Accurately represents the Item and uploading at least one (or more, if required, depending on the Item) good quality photograph. Sellers cannot use photographs found on the Internet and/or photos of a similar Item. The description and photographs of the Item must reflect the actual quality and external appearance of the Item, as well as any faults, defects or alterations affecting the Item.
• Does not contain any misleading or incorrect information or data.

All Users and Visitors must not:

• act contrary to public security and/or good moral standards;
• use (in particular share and/or publish) programmes and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the Site and/or the Services, (ii) infect the computers of Users and, therefore, lead to losses for the User or his/her assets or (iii) prevent the User from using the Site, the Services or the User’s computer;
• offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Site;
• offer, share or otherwise promote links to other websites or companies that provide similar services to those offered by the Site nor to websites or companies whose content or activity is illegal or contrary to our content policies;
• mine data, screen scrape or crawl any part of the Site;
• disassemble, decompile or reverse engineer any part of the Site;
• adapt, copy, vary, edit, distribute or commercialise any content in the Site without the prior written consent of Sellmyclobber.

You can’t list fake, stolen or unauthorised Items

You may only list Items that bear another company’s authorised brand or logo on Sellmyclobber, or which embody other third party intellectual property rights, if those Items were either made in the UK or imported into the UK with the consent of all relevant third party intellectual property rights-holders. You must maintain adequate processes and procedures to make sure that your Items are authentic, authorised for sale, not stolen, and not counterfeit or unauthorised copies. If we ask you to, you must promptly provide us with genuine and conclusive documentary evidence showing that the Items are not counterfeit or unauthorised copies. We can suspend a listing for an Item or terminate this agreement  if you fail to comply with any requirement of this clause. 

Prohibited Items policy

You may not list for sale through Sellmyclobber any Items which:

• Are stolen, replicas, counterfeits or unauthorised copies. 
• Violate the intellectual property, confidentiality or privacy rights of others. 
• Violate any laws, including those governing export control and consumer protection.
• Contain any material that is obscene or pornographic.
• You don’t have authority to sell.

Pricing your Items (including packaging and delivery charges)

How you price your Items is entirely up to you and you can change the price for your Items at any time. Please allow a reasonable time for revised prices to be displayed on Sellmyclobber. We’ll charge customers the price shown on Sellmyclobber at the time they submit their order. 

Your prices must be inclusive of the following:

• Any VAT (if applicable)
• Non-optional packaging and other charges.
• Any UK import VAT and customs duties, clearance charges, taxes, brokers’ fees and other amounts payable in connection with your importation of goods prior to their sale to customers. 
• Delivery charges, which must be shown separately.

Platform availability

We aim to make the Site available to Users on a 24/7 basis. We reserve the right to take some or all of Our Systems offline as reasonably required for routine and emergency maintenance or repairs. We’ll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control.

4. Purchase of Items on the Site

Buyers can buy Items listed on the Site by pressing the ‘Buy Now’ button. 

After completing the Checkout process, the Buyer and the Seller enter into an agreement. Both the Buyer and the Seller acknowledge that completion of the Checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, Sellmyclobber is not a party to this agreement. Consumer rights pursuant to England and Wales and (to the extent applicable) European consumer protection legislation do not apply to this agreement.

Purchases made on the Site are made solely at the Users’ risk. To the extent permitted by law, Sellmyclobber is not responsible for, and disclaims all liability arising out of or related to, purchases conducted off the Site.  For your security and that of the transactions, we invite you to complete Transactions using the Site and not to make transactions outside the Site.

5. Payments

Sellmyclobber contracts with the Payment Service Provider to process payments made using the Site and to store information relating to credit cards, debit cards and any other payment method offered on the Site.

When making or receiving a payment the User will enter into a contract directly with the Payment Service Provider and the User will accept the Payment Service Provider’s terms and conditions. 

Payment can be made by credit or debit card or any other payment method that may be introduced from time to time on the Site. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Site, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User.  

The funds are held on an escrow account handled by the Payment Service Provider. Once a Transaction is initiated, the Payment Service Provider acquires funds from the Buyer on behalf of the Seller and holds those funds in Escrow for disbursement. For the avoidance of doubt, Sellmyclobber does not provide any payment processing services for Users. Users are solely responsible for the provision of accurate information associated with credit cards, debit cards, and any other payment method offered on the Site and Sellmyclobber hereby disclaims any responsibility and all liability for User-provided information to the full extent permitted by applicable law.  

The funds paid by the Buyer will be retained by the Payment Service Provider in escrow until the Transaction is completed. The Transaction is completed: 

(i) when the Buyer confirms that they are happy with the Item within 5 days following confirmation of shipment; or

(ii) automatically after the expiration of 5 days following confirmation of shipment, if the Buyer does not submit an issue; or

(iii) after the resolution of an issue that was reported. 

Once the Transaction is completed, the purchase price of the Item and also the shipping fee will be immediately transferred by the Payment Service Provider to the Seller. For the first pay-out, a User must provide bank account details.

6. Shipping

Sellmyclobber does not provide shipping services. 

Sellers are responsible setting a shipping price and providing shipping services. The shipping fees are paid by the Buyer, in addition to the Item price. The applicable shipping fees will be clearly indicated to the Buyer before any purchase. They may vary from one order to the other, depending on factors such as parcel size, shipping route, shipping provider and potential discounts.  The Buyer accepts the Seller’s shipping choice by completing the Transaction. 

The rules of shipping are governed by the Seller’s contract with their chosen shipping provider, in accordance with that shipping provider’s terms and conditions.

As soon as the price has been paid by the Buyer, the Seller must ship the Item to the Buyer within five (5) working days. If the Seller does not ship the Item within this period, Sellmyclobber can cancel the Transaction and direct the Payment Service Provider to release the funds held in escrow to the Buyer. Seller is responsible for the proper packaging of the Item(s).

Dealing with Buyer questions about orders

You must deal promptly and professionally with any Buyer questions about orders. You must liaise with us if the question relates to any part of the process we’re involved in.

How you must handle User complaints

We’ll tell you if a User complains to us about you or one of your Items, including any complaints that Items have not been delivered or that an issue has been raised with an Item and provide you with all relevant details about the complaint. 

You must deal with complaints we tell you about, and any complaints you receive directly from Users.

7. Fees 

We’ll pay to Sellers the sums received by us from Buyers for your Items less:

• Our commission and any VAT applicable to it.
• Any fees (and any VAT applicable to them) or other sums we’ve invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived.
• Any sums owed to us in connection with any Third Party Claim under Compensation for Claims Against Us which are unpaid at the time we pay you.

We charge in pounds sterling and account to you in pounds sterling.

Our commission charged to the Seller is calculated as a percentage of the total price paid by the Buyer for the Item (including any extras but excluding VAT, at 5% of the total price.

Our commission charged to the Buyer is calculated as a percentage of the total price paid by the Buyer for the Item (including any extras but excluding VAT), at 5% of the total price.

You must account to HMRC for any VAT due on UK sales of your Items on Sellmyclobber and fully comply with your tax obligations in connection with the use of our Services and the offer and sale of your Items on Sellmyclobber including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, plastic packaging taxes and duties) and other governmental assessments. 

Interest on late payments

Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

Rights of set-off

Save as expressly provided in these terms you shall pay all amounts due 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).

Orders from outside Great Britain

Sellmyclobber only displays information to customers in the English language, only accepts payment in pounds sterling and only permits Users to enter delivery addresses in Great Britain (England, Wales and Scotland). Despite our taking these steps, customers from outside Great Britain may succeed in ordering your Items from Sellmyclobber. Customers from outside Great Britain may have rights under their local laws which apply as well as or instead of their rights under English, Welsh and Scottish law and our standard Terms. If you don’t wish to accept such orders, it is your responsibility to reject them.

8. Suspension of listings, ending this agreement and disputes

When we’ll suspend your listings or end this agreement 

We can suspend or restrict any individual listing you make on Sellmyclobber if we become aware, or have reason to believe, that what you’ve told us about your Item or said about your Item in the listing for it is not true or up to date or that the Item or the listing doesn’t comply with these terms, including our policies or is otherwise unlawful.

We can end this agreement and your rights to use Sellmyclobber for any of the following reasons:

• You’ve not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.
• You’ve not paid one of our invoices by the due date.
• You’ve become indolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.
• We reasonably consider that our continuing to provide services to you could expose Sellmyclobber to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on Sellmyclobber’s reputation or the other sellers selling on Sellmyclobber.
• We decide to stop providing Sellmyclobber or to stop selling your type of Items on Sellmyclobber.
• We reasonably determine, or receive information or notice from HMRC, that you are not meeting your tax obligations.

We’ll give you at least 30 days’ notice that we are ending this agreement unless:

• Our legal, tax or regulatory obligations require us to end this agreement without such notice. 
• It’s imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your Items are unsafe or counterfeit or present a danger to minors or if we reasonably suspect you of fraud or of using Sellmyclobber to spam others. 
• You’ve repeatedly broken this agreement.

If we’re suspending or restricting an individual listing or ending this agreement, we’ll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you’ve broken. If we’re acting in response to a notification from someone else, we’ll also share the contents of that notification with you. However, we won’t give you such a statement if:

• We’re subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
• We’re ending this agreement because you’ve repeatedly broken it.

We’ll send our statement to you via email or another durable medium. Where we’re suspending or restricting an individual listing, we’ll send the statement before or at the time of the suspension or restriction. If we’re ending this agreement, we’ll send the statement at the same time that we give notice that we are ending this agreement. 

How to complain if you’re not happy with our services including any decisions we’ve taken

If you want to complain about our services or the way we’ve treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your Items or ending this agreement, please contact us.

If we can’t resolve your complaint in this way, either of us can request mediation. In addition, we are both able to bring legal action at any time.

You or we can request mediation of disputes 

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

We may refuse mediation of a dispute which has previously been mediated if the mediator determined you weren’t acting in good faith in that mediation. We may also refuse mediation of any dispute connected to other disputes in which a mediator has repeatedly found in our favour. 

9. Limitations on liability and platform availability

We try to keep the Site safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. 

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

• your use of or your inability to use our Services;
• pricing, postage or other guidance provided by Sellmyclobber;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Sellmyclobber Service;
• the content, actions, or inactions of third parties, including Items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of any of our policies;
• the duration or manner in which your listings appear in search results; or
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites. Users must comply with all laws, rules and regulations that are applicable to them when using the Site. Users must in particular refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights or listing counterfeit Items, (iii) listing Items that violate laws or regulations; (iv) inciting offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality, (v) communicating incorrect information or confidential information, (vi) making defamatory comments, (vii) committing actions that might place minors in danger, (viii) publishing the personal data of other individuals or breaching privacy rights or (ix) misappropriating someone else’s identity; or (x) uploading or otherwise inputting any content that is unlawful, false, or inaccurate. Users must act and use the Site in good faith.

All Users are fully liable for any information they post on the Site as well as for the Items they offer, sell or transfer to other Users. Without limiting the foregoing, Users acknowledge and accept that they are fully responsible for uploading any Item to the Site, as well as for the Item description, photographs and videos, for any information posted on the Site and declarations made to Buyers or other Users and for the accuracy of the other details provided. In addition, Users are solely responsible for the Transactions undertaken with other Users and disputes that could result from them.

Sellmyclobber is not responsible for the content generated by Users. Users are responsible for their content. Users acknowledge and accept that, in its capacity as a hosting provider, Sellmyclobber has no contractual duty to undertake any verification of the content and the Items listed on the Site, and, to the extent permitted by applicable law, will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties in respect to content and Items. If Sellmyclobber detects content or Item that violate, or are likely to violate, applicable laws and/or these Terms, Sellmyclobber reserves the right to take action against the User. 

If any user discovers any content that is in breach of any of Sellmyclobber’s policies or applicable laws, Users are encouraged to report that content to Sellmyclobber by contacting us.

Sellmyclobber acts as a mere intermediary between Buyers and Sellers. If any User or Visitor reports any misconduct of another User or Visitor to Sellmyclobber, Sellmyclobber may provide assistance to the affected party but is not obliged to. Sellmyclobber will also cooperate with local authorities if required. In the event that a User does not comply with or otherwise violates these Terms, the User recognises and accepts that he/she is solely responsible for any and all resulting direct and indirect losses of third parties or Sellmyclobber, when permitted by law. Consequently, the User recognises and accepts that to the extent permitted by applicable law, and save for cases of breach of these Terms, Sellmyclobber will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties. In particular, without this list being exhaustive, Sellmyclobber will not be held responsible for: (i) actions or omissions of Users, (ii) the appropriateness, accuracy, exhaustiveness, and/or legality of any content; (iii) the safety, quality, and quantity of Items that Users sell or buy via the Site, nor the conformance of an Item with the description given, (iv) any issue with the Transactions.

Sellmyclobber is not responsible for any tax liabilities or reporting obligations that might arise to Users from their activities within the Site. For the purpose of the Transactions undertaken on the Site, the Users themselves are solely responsible for any taxation reporting duties, if any would arise under applicable legislation.

In compliance with applicable laws and regulations, Sellmyclobber takes all appropriate measures to protect the security of the data provided by Users and to prevent our Services from compromising the data and software stored on User’s computers, tablets or smartphones. However, even when Sellmyclobber has taken appropriate measures consistent with legal requirements, its systems may still be compromised by unpredictable events such as cyber attacks or security breaches regarding the transmission of data or affecting the volume and speed of data transmissions. In these conditions, we strongly suggest that Users take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our Users, User verification on the internet is difficult. Sellmyclobber cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they provide to us or post on our Site.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a)  the price the Item sold for on Sellmyclobber, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of the Terms, your improper use of the Services or your breach of any law or the rights of a third party.

10. Claims and actions against us in connection with you or your Items

Dealing with claims against us

We’ll pass on to you any complaints we receive about you or one of your Items. However, if anyone, including (but not limited to) a customer, any regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

• Your Items, their importation to the UK and their supply through Sellmyclobber.
• Content you’ve uploaded to or otherwise distributed through Our Systems, including but not limited to your seller profile, your Item listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
• Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
• Things you have or haven’t done including but not limited to any breach of these terms and our policies,

then you must, at our option and as we request, either help us defend or deal with the claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

Compensation for claims against us

You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other professional costs and expenses) we incur arising out of or in connection with any Third Party Claim.

11. Compliance with the law and our mandatory policies

You must comply with the law and our mandatory policies

You must at all times when doing anything in connection with this agreement comply with all applicable laws, statutes, regulations and codes from time to time in force and our policies.

12. Data protection obligations

How we and you treat personal data we share with each other

We’ll process your personal data in accordance with our privacy policy [LINK TO POLICY].

13. Changes to these terms 

How we make changes to these terms 

We’ll let you know via email or another durable medium about any changes we’re making to these terms (including the policies referred to in them), unless they’re just editorial changes which don’t alter the terms’ content or meaning.

14. Other important terms

Governing law and jurisdiction 

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. 

Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party’s reasonable control. The time for performance of such obligations shall be extended accordingly. 

We can transfer our rights and obligations under this agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under this agreement. 

How we and you must protect each other’s confidential information

Neither you nor we (the recipient) shall at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or sellers of the other (the discloser), except:

• To the recipient’s employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient’s rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser’s confidential information comply with this clause.
• As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

Neither we nor you are bound by anything said but not included in this agreement

This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.

Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Informal changes to this agreement aren’t valid 

Except for changes made as described in How We Make Changes To These Terms no variation of this agreement shall be effective unless it is in writing and signed by you and us.

Invalidity of part of this agreement doesn’t affect the rest of it

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Only you and we have rights under this agreement

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Neither you nor we require the consent of any other person to rescind or vary this agreement.

15. Defined terms

Capitalised terms have the following meanings:

Buyer

A User who has signed up to the Site and who has purchased an Item from a Seller.

Checkout

The process of completing the purchase of an Item using the Site.

Item

Any item that is listed for sale on the Site by a Seller in accordance with these Terms.

liabilities

means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other [reasonable] professional costs and expenses.

Our Systems 

means our seller interface and the other computer systems that support, operate and comprise Sellmyclobber.

Payment Service Provider

The company used by Sellmyclobber from time to time to provide payment services for Transactions on the Site.

Prohibited Items

All Items as set out in these Terms that are prohibited for sale on the Site.

Seller

A User who has signed up to the Site and is selling an Item.

Services

All services provided by Sellmyclobber through the Site in accordance with these Terms

Site

Sellmyclobber.com

Third Party Claim 

means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator. HMRC, couriers or any third party rights holder, in connection with:

• Your Items, their importation to the UK and their supply through Sellmyclobber.
• Content you’ve uploaded to or otherwise distributed through Our Systems, including but not limited to your seller profile, your Item listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
• Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
• Things you have or haven’t done including but not limited to any breach of these terms and our policies,

Transaction

Any sale or purchase of an Item using the Site. 

User

A Seller or a Buyer who has signed up to the Site

VAT 

means value added tax chargeable under the Value Added Tax Act 1994 of the United Kingdom and legislation supplemental thereto or replacing, modifying or consolidating it and including any similar, substitute, or replacement tax on, inter alia, the supply of goods or services in the United Kingdom.

Visitors

Users and browsers of the Site who have not registered.