GENERAL CONDITIONS OF USE – new version applicable from 23 August 2021
The platform HOMEWHERE (hereinafter referred to as the “Site”) is managed and hosted by the company HOMEWHERE LTD (hereinafter referred to as “HOMEWHERE”), located at 11 Pierrepont Street, Bath, Somerset, BA1 1LA, UK, registered under the number 13442520 with the Company Registry of the United Kingdom.
Before signing-up on the Site, every User must read these General Conditions of Use (hereinafter referred to as the “Terms and Conditions”), the Privacy policy (as indicated in the definitions), as well as the other compulsory provisions of the Site whether or not they are recalled in these Terms and Conditions (including the Guidelines and accept them and undertake to comply with them.
1. PURPOSE
1.1 These Terms and Conditions define the relationship between HOMEWHERE and the Users or Visitors as well as the relationship between Users, Visitors or Users and Visitors. By using or accessing the site you agree to be legally bound by these Terms.
1.2 You may contact HOMEWHERE by emailing info@homewhere.online
1.3 The Site gives the User the opportunity to become involved with the exchange and/or sale and/or purchase of Items, and to use the other Additional Services offered by the Site.
1.4 The Services are not intended for minors under the age of 18. For minors, a parent or guardian (adult) must register for the use of the Services and supervise the use of the Services by the minor. Professional Sellers are not authorised to use the Services.
1.5 When registering on the Site, the User must state his/her/preferred user name (pseudonym), email address and password to enable the Site to identify the User each time he/she/preferred accesses the Site. Even if the User provided his/her/preferred surname and first name when registering on the Site, the other Users will see only the user name (pseudonym) of the User, which may be different from his/her/preferred surname and first name. HOMEWHERE may request a User to verify his/her/preferred Account for security purposes by email. All data collected as a result of such confirmation will be processed following our Privacy Policy.
1.6 HOMEWHERE may, at its full discretion, amend the Terms and Conditions in particular in order to:
a) adapt the Terms and Conditions to legislative or regulatory provisions in force or being adopted;
b) adapt the Terms and Conditions to any decision handed down by a jurisdiction, a consumer agency or by any other competent authority, which affects the content of the Site or the Services offered by it;
c) reflect changes and developments in how HOMEWHERE operates the business;
d) reflect changes in market conditions or standard industry practice;
1.7 If HOMEWHERE makes any of the changes identified in 1.6, HOMEWHERE will inform Users about the amended Terms and Conditions:
1. fifteen (15) days before the day on which the amendments take effect; or
2. four (4) weeks before the day on which the amendments takes effect in case of substantial amendments (e.g. amendments that increase obligations of Users, impact on main functionalities of the Site).
1.8 Unless Users terminate the relationship with HOMEWHERE before the day on which the amendments take ef the amended Terms are considered accepted by the User. If the User objects timely, he/she/preferred may choose to terminate his/her/preferred relationship with HOMEWHERE and close his/her/preferred HOMEWHERE account, as per section 15.3. Any amendment to the Terms and Conditions published on the Site will apply immediately to Visitors and to those Users who complete the online registration process following the publication of any such amendments on the Site.
2 DEFINITIONS
Additional Service(s) – means the additional payable services provided by HOMEWHERE and offered on the Site (as shown in the Price List), such as Buyer Protection, which are not main services and which may be subject to separate conditions of use.
Buyer – means any User who buys or wishes to buy one or more Item(s) on the Site;
Buyer Protection – means the Additional Service offered by HOMEWHERE where the Buyer will benefit from additional protections only if they use the Integrated Payment and Shipping Service, as detailed in section 6.5 below of these Terms.
Integrated Payment and Shipping Service – means the Service consisting of the Integrated Payment Service and the Integrated Shipping Service, which is optional for the User, facilitating and securing the payment and delivery of an Item when the Transaction consists of a sales contract.
Integrated Payment Service – means the online payment Service for Items accessible by the Buyer from the Site, the payment services being undertaken HOMEWHERE’s through Paypal or Stripe
Shipping Service – means the shipping and delivery Service paid for by the Buyer, enabling the Seller to deliver the Item to the Buyer as part of a sales contract, with the shipping, transport and delivery services being organised by the seller.
Items – means the goods/items whose sale is not forbidden by national applicable law.
Main Services – means the option offered by HOMEWHERE to Users and, when applicable, Visitors, to list the Items in the relevant category, to list the Items, to directly participate in the exchange or purchase-sale or other Transactions, to use the Integrated Payment and Shipping Services and to communicate in private.
Private Messages – means communication by an exchange of private messages between Users via the Site’s messaging system, which can only be accessed by the Users concerned;
Privacy Policy – means the document that defines the manner in which HOMEWHERE collects, uses, stores and transfers personal data and other important information of a Visitor or a User;
Receipt Confirmation – means the confirmation that the Buyer or the User has received the Item;
Seller – means any User who lists one or more Item(s) in the relevant Category of the Site;
Services – means all the services offered by the Site, including the Main Services and the Additional Services;
Site – means the HOMEWHERE website, as well as the mobile applications of the HOMEWHERE platform downloaded on smartphones or tablets;
Social networks Accounts – means HOMEWHERE’s accounts on Facebook, Google+, Twitter, Instagram, Pinterest and other social networks where information is provided about the Site and the Services it offers, sharing the contents published by Users;
Terms – these Terms and Conditions and all policies and additional terms posted on and in Homewhere’s Site, set out the terms on which Homewhere offers Users and Visitors access to and use of Homewhere’s Services.
Transaction – means all the transactions, which transfer the ownership of and/or the right to use an Item from one User to another, including but not limited to, the sales contract concluded directly between the Buyer and the Seller.
User – means any individual who has created an account on the Site and has accepted the Homewhere Terms & Conditions. For the sake of clarity a User in these HOMEWHERE’S Terms and Conditions, means an individual who is a consumer and acts as an individual to satisfy his/her personal requirements that are not associated with a professional activity;
User account or Account – means the User’s account created upon registration on the Site; the created account contains personal information;
Visitor – means any individual not signed-up on the Site likely to use the Site without being registered, in accordance with the Terms and Conditions.
3 SERVICES
3.1 HOMEWHERE is an online intermediary hosting service and offers Services in facilitating Transactions, namely the Site, a marketplace. Users can list their Items in the appropriate Category on the Site to buy or sell Items, use the Integrated Payment and Shipping Service, communicate by sending Private Messages to other
Users, communicate on the Forum and use other Additional Services offered by the Site. HOMEWHERE is not party to any Transaction between Users. Under no circumstances will HOMEWHERE buy, sell or exchange Items shown on the Site nor claim to do so.
3.3 These Terms and Conditions, the Privacy Policy and the other regulations published on HOMEWHERE’s Site apply to the Users and Visitors of HOMEWHERE’s Social Networks Accounts too, which must comply with them.
4 LISTING ITEMS
4.1 To list an Item on the Site, the requirements set in this section and the following conditions must be fulfilled:
(i) Only goods stipulated in category may be listed on the Site.
(ii) The Seller must ensure that his/her Items comply with the rules of the Category guidelines. Some categories of items cannot be uploaded.
(iii) The Seller must be the owner of these Items and have the right to transfer the ownership to sell.
(iv) The sale, exchange, use or possession of such Items must not violate the rights of any third party, must comply with intellectual property rights and must not violate any local, national or international applicable law or regulation must be safe and cannot be a counterfeit.
(v) The Item must comply with the commonly applied requirements on the market for this type of Item depending on the nature of the Transaction
4.2 The Seller, when listing an Item in the Category, must complete the questionnaire regarding the listing of the Item. The Seller must describe the Item as accurately as possible, indicate any possible faults and state the price of the Item. The Seller, when he/she lists the Item, represents that it complies with the description provided and that this description is exhaustive.
4.3 The Item listed in the Category must not only be described in the questionnaire regarding the listing of the Item, but must also be photographed. At least one good quality photograph must be uploaded when the Item is listed (the use of photographs found on the Internet and/or photos of a similar item is forbidden). It must reflect the actual quality and external appearance of the Item, as well as any presence of faults with the Item.
4.4 The quantity of Items listed in the Category on the Site is unlimited. The listing of the exactly same Item more than once in the Category of the Site is forbidden.
4.5 The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into contact with a User for the sale or exchange of the Item in question.
4.6 In the event that the Transaction is a sale, the Buyer acknowledges that his/her acceptance of the offer has been made in consideration of the description of the Item, which is the subject of the sale and purchase through paypal/Stripe. Both the Buyer and the Seller acknowledge that:
1. A legally binding contract is created between the Buyer and the Seller for the purchase of goods “the Sales Contract”;
2. that it represents a firm commitment by each party to this contract to perform the contract with the Seller under the conditions of the offer; and
3. For the avoidance of doubt, HOMEWHERE is not a party to this sales agreement.
5 BUYER PROTECTION SERVICES
5.1 Buyer Protection. The Buyer Protection automatically and compulsorily applies to the Transaction when the Buyer uses paypal. If the Buyer decides to use the Integrated Payment Service, the Seller has to comply with it. The Integrated Payment and Shipping Services are available only in some countries and/or regions. If the Service is unavailable, the Seller and the Buyer must agree on another method for their Transaction
5.2 “Buyer Protection” Service includes services where the buyer will benefit from the “Buyer Protection” described in Article 6.5 below and may be entitled to a refund if the requirements for Buyer Protection refunds are met. Buyer Protection Services are not insurance services or legal protection guarantee services.
5.3 Buyers who benefit from the Buyer Protection Services will be charged the corresponding fee, as provided for in Article 6.4. Payments will then be made through the Integrated Payment Service and delivery via the
Integrated Shipping Service, if these services are available in the Buyer’s country and/or region.
5.4 Buyer Protection Fee. The Buyer Protection Services facilitate and secure the Transaction. Paypal thus collects respective fees for such services. In order to benefit from the Buyer Protection Services, for each Transaction, Buyers are charged a fee on top of the purchase price of the Item. The total amount of such fee is shown to the Buyer on the Site before the completion of the order and is calculated in accordance with the Price List. The payment of the Buyer Protection Services fee also allows the Buyer to benefit from the advantages mentioned Article 6.5 below.
5.5 Services included in the “Buyer Protection”:
6.5.1 If the Buyer uses the Integrated Payment and Shipping Service, he/she will benefit from the Additional Service of Buyer Protection which is an integral and mandatory part of Integrated Payment and Shipping Services. Buyer Protection Service includes reimbursement should the following conditions be met:
6.5.2 If the Item did not substantially comply with the description provided by the Seller, or if the Item has been damaged during shipment, the Buyer has two (2) days, starting from the date of the delivery of the Item, to inform HOMEWHERE by clicking on the transaction window with the Seller (“Dispute Filing Period”). This will suspend the Transaction and HOMEWHERE will retain the Total Purchase Price. Once HOMEWHERE suspends the transaction, the process is as follows:
1. As a first step, Buyer and Seller have the right and chance to resolve the situation themselves and inform HOMEWHERE about their joint decision. In this case, HOMEWHERE commits to follow such a decision and reimburse the Buyer or the Seller as agreed from the amount retained in the escrow account.
2. Only if the Buyer and the Seller do not reach an agreement directly, or they do not want to settle the situation directly, the Buyer or the Seller can escalate the issue to HOMEWHERE and provide the latter with evidence (e.g. photos, documentation, etc.) to support their position. After HOMEWHERE has reviewed the situation and in case HOMEWHERE considers that the Item indeed does not substantially comply with the description provided by the Seller, HOMEWHERE will cancel the Transaction by
informing the third party financial service provider operating the escrow account to reimburse the Buyer after said Item has been shipped back to the Seller. The Buyer will be reimbursed of the total purchase price. Please note that HOMEWHERE does not provide return shipping services and that the Buyer has to return the Item to the Seller within the period stipulated by HOMEWHERE, after the Seller provides a return address and pay for return shipping, unless otherwise agreed with the Seller. If the Buyer does not send out the Item back within the period stipulated by HOMEWHERE, the Buyer may not be eligible to receive a refund under Buyer Protection.
If there are strong indications that the received item is a counterfeit, the Buyer may not be required by Homewhere to send back the item in order to get a refund, but this is decided by HOMEWHERE on a case-by-case basis, following information provided by the Buyer and the Seller and they commit to respect such decision by HOMEWHERE.
6.5.3 If the Buyer did not receive an Item, the Buyer must inform HOMEWHERE by reporting the problem by clicking the button that suspends the Transaction within a period of two (2) days after the Item is marked as “delivered”. If the Item is lost during shipping, the Buyer will be reimbursed by the third party financial service provider operating the escrow account of the total purchase price.
6.5.4 If there is something wrong with the item or Item was not received (as described in 6.5.2 or 6.5.3), but the Buyer does not contact HOMEWHERE within two (2) days (i.e. the Dispute filing Period) as stipulated in sections
6.5.2 or 6.5.3, or simply confirms on the Site that the received Item was acceptable (during this 2-day term), the Transaction is completed (as per 7.2) and the Buyer Protection ends. In this case, the Buyer will not be entitled to any reimbursement.
6.5.5 In the case where the Item complies with the description provided by the Seller, the Buyer shall not be eligible to ask for reimbursement through HOMEWHERE and HOMEWHERE will complete the Transaction. After the Transaction is completed and the money on escrow is released to the Seller, the Buyer can try to negotiate directly with the Seller the return of the Item (e.g. agreement on reimbursement, return shipping fees, etc). Please note that in such case, the Seller may also refuse to cooperate with the Buyer on the grounds that the Transaction has been fulfilled from the Seller side.
6.6 If the Buyer did not use the Integrated Payment Service and did not pay the Buyer Protection Service:
6.6.1 In this case, HOMEWHERE does not guarantee the safety of the payments being made. HOMEWHERE does not provide assistance to the Buyer or the Seller if the Buyer does not use Buyer Protection Services. Buyer and Seller are alone responsible for the proper implementation of the Transaction and should negotiate all of the Transaction details themselves directly (e.g. payment conditions, shipping, conditions to return the Item, lost parcel, etc.).
6.6.2 In case of misconduct by either the Buyer or the Seller reported to HOMEWHERE, HOMEWHERE may provide assistance to the affected party. HOMEWHERE will also cooperate with local authorities if required.
7 INTEGRATED PAYMENT SERVICE
7.1 As part of the Integrated Payment Service, the Buyer must pay in advance for the Item(s) purchased from the Seller by credit or debit card, or any other payment method that may be introduced from time to time, by using the Integrated Payment Service available on the Site.
7.2 The amounts paid by the Buyer (Item price, Buyer Protection Fee, Shipping Fees, together the “Total Purchase Price”) will be retained by a financial service provider selected by HOMEWHERE (PayPal) in an e- wallet operating as an escrow account up until the transaction is completed. The transaction is completed:
(i) when the Buyer confirms through the platform that the delivered Item complies with the conditions of the offer by clicking “Everything is ok’; or
(ii) automatically after the expiration of the 2 day Dispute Filing Period defined in section 6.56.2 if no disputes about the Item are raised; or
(iii) If a dispute is raised during the Dispute filing Period, after the resolution of the dispute.
Once the transaction is completed, the purchasing price will be immediately transferred to the Seller’s e-wallet. The funds available on the User’s e- wallet can be transferred at any time to his/her personal bank account, without any transfer fee and for any amount whatsoever. The funds available on the e-wallet may be used to make purchases on HOMEWHERE from other Users.
7.3 HOMEWHERE calls on Paypal to process the payment and store the information regarding the credit or debit card. In order to be able to use the Integrated Payment Service, the Buyer declares that he/she accepts
the general conditions of this provider. The Buyer will be solely responsible for the transmission of information associated with the credit or debit card
and HOMEWHERE hereby denies any responsibility to the full extent permitted by the applicable legislation.
7.4 Please note that the right to use the Integrated Payment Service is only for sales in a User’s own name. A User may not resell, hire or on any other basis allow third parties to use the Integrated Payment Service to enable such third parties to be paid for their services. Users may not use the Integrated Payment Service for types of product and services other than those registered with HOMEWHERE. In particular, the User confirms that she/he/preferred will not use the Integrated Payment Service for any type of product or service not appearing in the marketplace. If HOMEWHERE at any time discovers that the information a User provided about himself / herself/preference is incorrect or has changed without informing HOMEWHERE or if a User violates any of these conditions, the Services may be suspended and/or terminated with immediate effect.
7.5 If any suspicion arises about fraud of any kind whatsoever carried out by a User, HOMEWHERE will immediately suspend the account of the User in question as well as the transactions under way while waiting for the results of the enquiry being conducted.
7.6 In the event of any problem (such as for example hints of suspected illegal sales on the Site, money laundering, spamming, violation of the payment providers terms & conditions) reported by the provider responsible for the Integrated Payment Service to HOMEWHERE, HOMEWHERE may immediately suspend the Account of the User in question as well as the transactions under way while waiting for the results of the enquiry being conducted.
7.7 HOMEWHERE reserves the right to suspend a User’s account if a User in relation to a Transaction initiates a dispute resolution procedure via an external payment service provider and, in consideration of all circumstances of the initiated dispute resolution procedure, HOMEWHERE has a legitimate reason to suspend the User’s account (e.g. in case of breach of applicable laws and/or of these Terms and Conditions and/or there is a likelihood of misuse of the Site).
Shipping Instructions service means that the Seller has to buy the shipping label on his/her own according to the instructions provided by the seller. In this case, the amount paid by the Buyer for the Item and the shipping costs. Shipping Fee are held in the Escrow Account. The Seller must pay for the shipping service according to HOMEWHERE’s shipping instructions and send the item to the Buyer. Should the Seller fail to use and follow the shipping instructions provided by HOMEWHERE, the Seller will bear the risk and costs of any additional shipping fees incurred by him/her/preferred, will not be reimbursed by HOMEWHERE for these costs and will be responsible for shipping the item to the Buyer themselves. Once the transaction is completed, the Seller recovers the price of the item and the shipping costs held in escrow. The following Shipping Instruction services available through the HOMEWHERE platform:
(1) When the Buyer chooses the Royal Mail shipping service, HOMEWHERE directly provides the Seller with the shipping instructions. In the scope of the shipping procedure, HOMEWHERE will reimburse the Buyer the full amount of the price held in escrow if the Item is lost during shipment. Seller compensation will be borne by Royal Mail, provided that the claim is accepted. The Terms and Conditions of Royal Mail apply, including the amount of available compensation. For further information, please refer to the website of Royal Mail.
Custom shipping means if the Seller decides to use individual, customised shipping, the Seller will be responsible for choosing the shipping provider, determining the postage price and arranging for the label (“Custom Shipping”). The Seller is solely responsible if the parcel with the Item gets lost or damaged on the shipping route or does not get delivered to the Buyer, HOMEWHERE will have no responsibility in such case. The Seller therefore should choose a shipment method securing him/her in the event of any problems with the Buyer and in the cases of lost or damaged items. The Seller is responsible for estimating a correct and accurate price of postage and identifying it on the listing. The Seller accepts the risks of postage when using Custom Shipping. HOMEWHERE will not offer any compensation for lost or damaged Items in case of Custom Shipping option and the Seller will have to reach out to the shipping provider directly regarding any problem in connection with the postage.
8.1 As soon as the Total Purchase Price has been paid by the Buyer, HOMEWHERE confirms the payment towards the Seller on the platform, and conveys shipping instructions to him. The Seller is responsible for shipping out the Item within five (5) working days following receipt of shipping information by HOMEWHERE regarding the Transaction concluded, in accordance with the shipping instructions. The Seller must in particular note down the tracking number for the shipment indicated on the Site.
8.2 In the event of failure to ship the Item to the Buyer within five (5) working days from the receipt of the shipment information, HOMEWHERE has the right to give orders to Paypal to proceed with the release of the
Total Purchase Price held in escrow, including the shipping costs, to the Buyer. This release will constitute the Buyer’s only recourse under his/her contract with the Seller..
9 PAYMENT
9.1 HOMEWHERE is authorised to collect sums as part of the Services provided in accordance with the prices indicated in the Price List.
9.2 All prices are expressed in British Pound (GBP), all applicable taxes included.
9.3 In the event that a Transaction is carried out with the Integrated Payment and Shipping Service, the Buyer’s payment will be made by a credit card, debit card, virtual card or any other payment method approved for the Integrated Payment Service on the Site at the moment of concluding the Sales Contract in question. Buyer can also use the funds available on buyer’s Homewhere Balance (i.e. your e-wallet available through HOMEWHERE), if any. If Buyer does not have enough funds in his / her /preferred Homewhere Balance to cover the Item(s) price, Buyer can cover the missing part by paying through other available payment methods. If the Buyer decides not to use the Integrated Payment Service, the payment will be made by direct debit, bank card (Visa/MasterCard), virtual card or any other payment method on which the Users in question have agreed upon between themselves without the assistance of HOMEWHERE.
9.4 In the event of a Transaction being carried out with the Integrated Payment and Shipping Service, the total amount will be debited from the Buyer’s account (price of the Item, shipping costs and Buyer Protection Fees) and the Seller will collect the amount due to him/her only upon Receipt Confirmation. If the Buyer does not receive the Item or the Item did not substantially comply with the description provided by the Seller, and under the further conditions stipulated in sections 6.5.2 and 6.5.3 his/her/preferred account will be re-credited.
9.5 In the event of a Transaction being carried out without the Integrated Payment and Shipping Service, the Buyer and Seller need to agree on the conditions of payment as described in section 6.7 above. HOMEWHERE collects no fee in context with the Transaction in this case.
10 INTERACTION AND MESSAGES ON THE SITE
10.1 Private messages
The exchange of Private Messages between Users is for the purpose of exchanging information between Users regarding the Items in the Catalogue. If a User sends Private Messages to another User, he/she/preferred must ensure that he/she/preferred does not send:
1. messages or information that feature advertising (unless as permitted by section 10.3 below);
2. spam or content spreading viruses or worms;
3. mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them);
4. messages containing texts contrary to good moral standards and public order, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms and Conditions and the interests of Users;
5. messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site.
6. messages that may qualify as harassment of any kind whatsoever.
Using algorithms, HOMEWHERE uses automated software to enable it to detect contents of Private Messages contrary to good moral standards and public order, those that are inappropriate, insulting or defamatory and sent by a User via Private Messages. Should a Private Message containing such contents be detected by the automated software, the Private Message and User may be,without limiting other remedies, automatically blocked in accordance with section 13 below and/or hidden from the User to whom it was sent. The User, who is the sender of the Private Message that has been blocked and/or hidden, will be warned of his/her/preferred obligation to comply with the Terms and Conditions and informed that Homewhere may take further steps such as suspending the User’s Account in case of renewed violations. HOMEWHERE never has access to the content of Private Messages, including those that are blocked and/or hidden by the automated software. The above-mentioned automated tools adopted by HOMEWHERE do not constitute a monitoring obligation on HOMEWHERE nor an obligation to actively search for unlawful activities and or content on the Site and, to the extent permitted by the applicable law, does not give rise to any liability on HOMEWHERE.
10.2 Exchange of feedback amongst Users
A User has the right to write feedback on another User solely if a Transaction was carried out between them. No compensation is given to users or to HOMEWHERE in exchange for their online reviews.
A User’s feedback on another User must always be fair and honest. Lies and insults are forbidden.
HOMEWHERE does not review feedback prior to publication by Users.
If the feedback received is inappropriate or abusive or in any case it is not in compliance with these Terms and Conditions, Users are entitled to report it to HOMEWHERE according to the reporting procedure described in section 11 below. Upon request of the Users, HOMEWHERE is authorised to withdraw from the Site any feedback that violates these Terms and Conditions or the rights of other Users, including feedbacks of Users who did not have the right to write feedback under the terms of these Terms and Conditions.
HOMEWHERE, after having identified the User who has not respected the above rules applying to reviews, may make use of its right to block the account of the User concerned in full or in part, in accordance with section 13 below.
Visitors do not have the right to write feedback on Users.
11 RESPONSIBILITY
11.1 All Visitors and Users are fully responsible, in their capacities as editors, for all the information they post on the Site and, if applicable, for the Items they offer, sell, exchange or transfer to other Users. In particular, when a User lists Items in the corresponding Category, the User recognises and accepts that he/she is fully responsible for uploading the Item in the corresponding Category, its description, confirmations, the accuracy of the other details provided and communication with other Users (including Private Messages and feedbacks) and, in general, the Transactions undertaken with other Users and disputes that could result from them (hereinafter together referred to as the “Content”).
11.2 In this respect, Visitors and Users must respect all the applicable regulations. Users and Visitors must in particular refrain from (i) violating the rights of third parties, (ii) violating intellectual property rights or listing counterfeit items, (iii) inciting offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality, (iv) communicating incorrect information or confidential information, (v) making defamatory comments, (vi) committing actions that might place minors in danger, (vii) publishing the personal data of other individuals or breaching privacy rights or (viii) usurping the identity of someone else.
11.3 In the event that the Content does not respect the applicable regulations in accordance with section 11.2 or, generally, if a User or a Visitor does not comply with these Terms and Conditions, the User or the Visitor recognises and accepts that he/she/preferrd is solely responsible for the resulting direct and indirect losses of third parties or HOMEWHERE. Consequently, the User or the Visitor recognises and accepts that, in its capacity as hosting provider, HOMEWHERE will under no circumstances undertake any verification of the Content and, to the extent permitted by applicable law, will under no circumstances be held responsible for such damages or losses suffered by Users and/or third parties. In particular, without this list being exhaustive HOMEWHERE will not be held responsible for: (i) actions or omissions of Users and Visitors, (ii) the information posted on the Site by Users and Visitors, their topics, their accuracy, their exhaustiveness and/or their compliance with the applicable regulations or (iii) the quality and quantity of Items Users sell or buy via the use of the Site, nor their compliance with the description given.
11.4 HOMEWHERE is not responsible for the Content uploaded online by Users. Users are responsible for their Content uploaded online. HOMEWHERE will remove User’s Content that has been duly notified to it in accordance with the procedure outlined in section 13 and with applicable laws and which is in violation of applicable laws and/or HOMEWHERE’s policies, that is all rules / regulations governing the use and operation of the Site. HOMEWHERE may take action against the User,
in particular regarding the usability of his/her Account, as provided for in section 13 below. If any User or Visitor discovers Content condoning crimes against humanity ,inciting racial hatred and/or violence, concerning child pornography or any other unlawful content, HOMEWHERE must be informed immediately either by:
1. applying the reporting procedure described here;
2. sending an email to the address info@Homewhere.online
3. sending a letter outlining the underlying facts in detail to the following address: HOMEWHERE LTD, 11 Pierrepont Street, Bath Somerset, BA1 1LA
If such Content is reported, HOMEWHERE will immediately, without notice, suspend the account of the User and the remove the Content concerned, as provided for in section 13 of the Terms and Conditions. HOMEWHERE will suspend the transactions under way while investigating the matter, which may result in HOMEWHERE in particular taking any of the actions stipulated in section 13.
If a User believes that some Content might violate these Terms and Conditions and/or their rights and/or the rights of a third party (e.g. counterfeiting, insult, breach of privacy rights), the Users may notify this to HOMEWHERE either by:
1. applying the reporting procedure described here;
2. sending an email to the address info@Homewhere.online
4. sending a letter outlining the underlying facts in detail to the following address: HOMEWHERE LTD, 11 Pierrepont Street, Bath Somerset, BA1 1LA
3. If such Content is reported, HOMEWHERE may take action against the User, in particular regarding the usability of his/her Account, as provided for in section 13 below. More generally, Users will refrain from uploading any kind of Content that is
unlawful, false or inaccurate. Users must act and use the Site in good faith.
11.5 In the event of a Transaction undertaken without the Integrated Payment and Shipping Service offered by HOMEWHERE, the Seller is responsible for the timely delivery of the Item in proper and due form to the Buyer, according to their agreement. In any event, if a dispute arises between the Buyer and the Seller regarding the delivery of the Item, the Seller must prove that the Item was dispatched (e.g. this may be in the form of a tracking number, an invoice or a document from the express delivery company).
11.6 In the event of a Transaction undertaken without the Integrated Payment and Shipping Service offered by HOMEWHERE, the Buyer is responsible for the timely payment of the Item, in accordance with the conditions communicated by the Seller or in accordance with the conditions agreed by mutual agreement.
11.7 In the event of a Transaction undertaken without the Integrated Payment and Shipping Service offered by HOMEWHERE, User understands and accepts that HOMEWHERE is not responsible for disputes occurring between Buyers and Sellers, will not provide assistance and will not be involved in their settlement. These disputes may be resolved in accordance with applicable local law, unless the parties have decided by mutual agreement that the laws of another country will apply.
11.8 The User is expressly reminded that the Internet is not a secure network. The User recognises that he/she is fully informed of the unreliability of the Internet, in particular in terms of potential security breaches regarding the transmission of data and of the absence of performance guarantees regarding the volume and speed of data transmissions. HOMEWHEREdoes their best to keep the Site as secure as possible. Nevertheless, the Internet is not a secure network and the system reliability could be impaired independently of HOMEWHERE’s will.
11.9 HOMEWHERE cannot be held liable for unpredictable events such as cyber attacks security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. In these conditions, it is up to the Users to take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet
12 OBLIGATIONS OF THE USER
12.1 The User undertakes:
• when registering on the Site, to provide truthful information about him/herself, in particular his/her username and email address;
• to register on the Site only once and not to create more than one Account unless a third party has access to this Account.the User in this case is entitled to create another Account for himself, but only after having informed HOMEWHERE about the facts and r after the previous Account has been blocked by Homewhere;
• not to use the Site and/or the Services with the aim of undertaking unlawful actions or transactions or fraudulent actions;
• when using the Site, to provide objective, correct, exhaustive and detailed information about the exchange and/or the intended sale;
• to ensure that the price proposed for the exchange and/or the sale of the Items, as well as other information regarding them, is correct;
• not to copy the information appearing on the Site and uploaded by HOMEWHERE or another User of the Site, or to use them unlawfully.
The Users and Visitors undertake to comply with the following rules when using the Site:
• Not to use (in particular share and/or publish) misleading or incorrect information and/or data;
• Not to encourage the acquisition of goods, the sale of which is forbidden or restricted;
• Not to use (in particular share and/or publish) photographs (i) for which the respective User does not hold the intellectual property rights (in general, these are photos found on the Internet), or (ii) which contain links to other websites;
• Not to use (in particular share and/or publish) photographs (i) on which people other than the respective User itself visible, unless the other visible people have consented to r the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public order (for example erotic photographs, pornographic photographs or photographs with violent contents) ;
• Not to offer and/or to sell and/or to buy and/or to exchange and/or to transfer Items in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions) and/or design rights and/or copyrights;
• Not to violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights);
• Not to violate applicable laws and/or regulations;
• Not to act contrary to public order and/or good moral standards;
• Not to 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;
• Not to 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.
12.3 The Users and Visitors undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose data of the Users of the Site or data on the actions of Users of the Site, including Transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission.
The Users and Visitors also undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose information that appears on the Site, if such may affect the rights of other Users. This restriction does not apply to the “share” function which exists on the Site and allows Users to share public information available on the Site in HOMEWHERE’ Social Networks Accounts or in their own social network accounts, as well as to send such information to themselves or others by email.
12.4 Within the limits of applicable laws, HOMEWHERE is not responsible for the behaviour of a User when the latter uses the Site or Services. In particular, HOMEWHERE is not responsible for the poor implementation or failure to implement Transactions by Users.
12.5 The User undertakes to keep his/her login details and password confidential with regard to third parties, apart from the people who have been authorised by the User to use his/her login details.
12.6 The User undertakes to immediately update information on the Site that is no longer relevant owing to amendments to his/her data (in particular, the information provided during the registration on the Site), as well as no longer relevant information on the Items listed in the Catalogue and their condition.
12.7 When using the Site, the User or Visitor represents:
• (i) that he/she/preferred is an individual aged 18 years or more (otherwise, the parent(s) or legal guardian must sign-up in his/her/preferred place), (ii) that he/she/preferred uses all the Services of the Site to satisfy his/her/preferred personal requirements that are not associated with any professional activity, and (iii)that he/she/preferred has full capacity and all the rights to carry out the Transactions on the Site;
• that he/she/preferred accepts and complies with the Terms and Conditions and all the other contractual documents, such as the Safety Policy and other rules of the Site;
• that he/she understands that he/she/preferred fully responsible for the Transactions carried out;
• that he/she/preferred understands that when ordering an Item, he/she/preferred undertakes to buy this Item, and that the failure to carry out this Transaction may oblige him/her to reimburse the losses suffered by the Seller;
13 RIGHTS AND OBLIGATIONS OF HOMEWHERE
13.1 HOMEWHERE may forbid Users or Visitors, in full (“Total blocking”) or in part (“Partial blocking”) as better clarified below, the use of the Site (by stating the reasons for the ban or limitation), in particular by removing the Content uploaded to the Site, by cancelling the User’s account and by preventing the User from re-registering on the Site or by preventing the Visitor from accessing the Site, subject to HOMEWHERE sending a prior official notification to these Users or Visitors, if they:
1. provide incorrect, misleading and/or incomplete information according to the Terms and Conditions at the time of their registration on the Site or their use of the Site;
2. deliberately and intentionally disclose incorrect information on the Site, insult other people or act in an inappropriate manner;
3. use the identity of another User on the Site or otherwise act in an unlawful manner;
4. log-in from the same IP address or from the same computer as the one that was blocked owing to violations; or
5. have received at least three warnings from HOMEWHERE.
6. have registered to the Site despite being a professional; “Partial blocking” means that the User will not be able to list Items in the
Catalogue, communicate with other Users and/or actively participate in the Forum.
“Total blocking” means that the User’s Account will be blocked and/or cancelled and the option of using the Site from the User’s computer will be blocked. The User must be aware that after “total blocking”, he/she will no longer have the right to re-register on the Site. In case of cancellation of the User’s Account HOMEWHERE may store some information, in compliance with HOMEWHERE’s Privacy Policy, as it may be necessary for reconstructing the circumstances surrounding HOMEWHERE’s decision to cancel the User’s Account and to transfer these data to the institutions and authorities responsible for applying the law.
13.2 HOMEWHERE, after having been duly notified also in accordance with section 11.4 above or by the competent Authorities, will remove all unlawful Content immediately. Indeed, HOMEWHERE may, at any time, remove from the Site the Items listed by the User in the Catalogue or all the other information provided by the User if these Items or this Information violates the Terms and Conditions, the applicable regulations or is contrary to good moral standards or public order.
13.3 HOMEWHERE may investigate any violation of the Terms and Conditions, and inform the competent institutions and authorities.
13.4 HOMEWHERE may, at any time, re-organise the Category, advertising spaces or other information on the Items, subject to these changes not amending the Content provided by the User, in order to make the Site more user-friendly. HOMEWHERE may at any time publish News containing descriptions, instructions, rules or other information associated with the subject matter of the News.
13.5 HOMEWHERE may, at any time, publish News or other communications regarding short and long-term offers on the Site, competitions, games or promotions that comply with national law to promote new Services or third party goods or services. Special conditions may apply. Information regarding offers, competitions, games or promotions that comply with national law will be provided on the Site. In case of inconsistency between the Terms and Conditions and special conditions published on the Site applicable to News, the latter will prevail.
13.6 HOMEWHERE may at any time end or suspend or assign the operation of the Site to third parties, subject to notifying Users of the Site, while respecting a notice period of thirty (30) days.
13.7 HOMEWHERE may apply a “Holiday” status to any User that has been inactive for a reasonably long period of time (e.g. 60 days or more). When a User has a Holiday Status Items offered for sale by such User, will be hidden from other Users. HOMEWHERE reserves the right to remove Items offered for sale by any User, if such Items were not sold for a substantially long period of time. Prior to the application of Holiday status, and/or the removal of any Items, HOMEWHERE will send a notification to the User. Such notification will inform the User of the upcoming change to its status and/or listed Items and allow the User to refuse such change. The User will need to inform HOMEWHERE of its refusal of the change within the notification period stated in the communication. If the User fails to refuse that change within the notification period set, the User will be considered as having accepted HOMEWHERE’s change to its status and/or deletion of listed Items.
14 PERSONAL DATA
The Privacy Policy, available at the
link http://www.Homewhere.online/privacy-policy and describes the Personal Data of the User collected by HOMEWHERE and the purposes for which HOMEWHERE processes such data. The Privacy Policy and each part thereof do not constitute contractual clauses and are not integrated into these General Conditions.
15 GOVERNANCE, DISPUTE RESOLUTION AND TERMINATION
15.1 These Terms and Conditions are governed by the national law of the User.
15.2 In the event of a disagreement between HOMEWHERE and the User, HOMEWHERE encourages Users to reach out to HOMEWHERE first in any case to find an amicable solution. The User may:
1. First, address a written complaint to the Customer Service Department using the email address info@homewhere.online
2. In the absence of a satisfactory result through Customer Services, you can email legal@homewhere.online and within a reasonable period of one (1) month the User and HOMEWHERE will use their reaosnable endeavours to try and resolve the User’s complaint in an amicable manner
3. HOMEWHERE will consider any suggested alternative dispute resolution methods offered by the User. Any claim issued against HOMEWHERE will be governed by English Law and will be subject to non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
15.3 The User may end his/her relationship with HOMEWHERE at any time with immediate effect but will have to fulfill all of his/her/preferred obligations which resulted from Transactions the User entered into before the end of his/her/preferred relationship with HOMEWHERE. The User may end his/her/preferred relationship with HOMEWHERE by cancelling his/her/preferred account or by sending an email. HOMEWHERE may end its relationship with the User by means of a thirty
(30) day prior notice in writing or by electronic means. In addition, HOMEWHERE may also end its relationship with the User with immediate effect, in the event of a violation of the law or of the provisions of these Terms and Conditions by the User as well as in case a scam, fraudulent activity, abuse or misuse by the User of the HOMEWHERE Services.
15.4 HOMEWHERE and the companies of its group hold all rights, in particular the intellectual property rights regarding the Site, that is in particular in its system (the Catalogue, its transmission, etc.), in the layout and design of the Site, in the software used by and for the Site, in the trademarks and domain names used by and for the Site.
15.5 The submission of information or data, in particular photographs on the Site, i.e. “Content”, means that Users of the Site or the Services hereby grant to HOMEWHERE and to any company belonging to the HOMEWHERE Group, without consideration, a non-exclusive licence to use the Content throughout the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such licence
includes the right to use, copy, reproduce, display and adapt the Content. HOMEWHERE may use such Content, on any known or unknown media to date and in particular TV, paper, the Internet (in banners and articles, on other websites) and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising and internal purposes of the HOMEWHERE Group, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it.
15.6 All the notifications, requests and other information exchanged between the User and HOMEWHERE will be sent as stated in the Terms and Conditions via the contact form appearing on the Site, and/or by/to the User via email, to the email address provided when registering on the Site.
15.7 The Terms and Conditions do not have the effect of creating a partnership (regardless of its legal form) between HOMEWHERE and the Users, labor law relationships, relationships between a commercial agent and the latter’s customer, nor a franchise relationship.
15.8 HOMEWHERE may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting HOMEWHERE, provided that this does not reduce protection of the consumer’s rights. Such a transfer releases HOMEWHERE from all obligations as operator of the SITE, in particular towards its Users and Visitors for the future. In case HOMEWHERE transfers and/or assigns these rights and obligations under these Terms and Conditions to any third party, the User has the right to immediately terminate his/her/preferred relationship and close his/her/preferred account with HOMEWHERE. Users may not transfer or assign any or all of their rights or obligations arising from these Terms and Conditions.
5. 15.9 A User may express objections regarding the access, use or operation of the Site or the Services through a notification at any time. Notifications must be sent to HOMEWHERE by email info@homewhere.online that appears on the Site or by letter to HOMEWHERE LTD, 11 Pierrepont Street, Bath, Somerset, BA1 1LA
. Please contact HOMEWHERE at this address for all legal requests: legal@Homewhere.online
16. LIABILITY
16.1 Nothing in these Terms limits or excludes HOMEWHERE’s liability to you for death or personal injury caused by HOMEWHERE’s gross negligence,
fraud or fraudulent misrepresentation; or any other type of liability which cannot by law be excluded or limited.
16.2 HOMEWHERE makes no warranties or representations, whether express or implied that this Site, any content and the Services on it:
1. are accurate, complete, up-to-date or suitable for any purpose; or
2. are free of error or omission.
16.3 To the extent permitted by law, HOMEWHERE excludes all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.
16.4 HOMEWHERE provide an online facility to introduce individuals to one another to enable the purchase, sale, of items between them and to allow them to communicate with one another in public and in private. Buyers, Sellers are solely responsible for Transactions entered into using the Site.
16.5 HOMEWHERE are not responsible for any action or inaction of users of the Site or Services, or content provided by Users of the Site including, without limitation:
1. the descriptions or photos of Items, including their accuracy and completeness;
2. the quality, legality or safety of the Items;
3. the Seller’s title to the Items; or
4. any Seller’s or Buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such Transaction.
16.6 Subject to section 16.1, HOMEWHERE will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or Services, or to your downloading of any content on it, or on any website linked to it.
16.7 HOMEWHERE are not responsible for any third party service providers that you integrate into your account. HOMEWHERE will not be liable for any loss or damage that may arise from your use of them.
16.8 Subject to section 16.1, HOMEWHERE, its subsidiaries and affiliated group companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
16.9 Subject to section 16.1, HOMEWHERE limits liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of the lower of:
1. the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; or
2. £100 in respect of any other claim.
16.10 HOMEWHERE shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances HOMEWHERE shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms and Conditions.
16.11 If any or any part of the terms contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.12 These Terms and all documents referred to in these Terms constitute the entire agreement between HOMEWHERE and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between HOMEWHERE and you, whether written or oral, relating to its subject matter. HOMEWHERE and the User agrees that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither HOMEWHERE nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
The Site is hosted by HOMEWHERE LTD.