kidstuff.org.uk
Terms & Conditions of Use
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Kidstuff.org.uk Agency Agreement Incorporating
Terms and Conditions of use for
Buyers and Sellers
Introduction
  Parties
  Definitions & Interpretations

The Agency Agreement
    1. General Terms
    2. Seller's Duties
    3. Agent's rights and duties

General Terms and Conditions
  Seller's (Principle) Obligations
    4. Listing the Product
      4.1 Registering with Kidstuff
      4.2 Supplying the Seller's information (privacy 1 of 2)
      4.3 Describing the Product for Listing
      4.4 Faulty or Misrepresented Products and Kidstuff Refund Policy
      4.5 Completion and action Required by the Seller
      4.6 Removing Products from Listing Immediately Upon Completion
    5. Fees Payable by the Seller
      5.1 The Listing Fee
      5.2 The Completion Fee
      5.3 The Refund Fee
      5.4 Recovery of Unpaid Fees
   The Buyer's Obligations
     6. General Use/Browsing of the Kidstuff Site
      6.1 The Request Seller's Details Form
     7. Purchasing Online Using PayPal
      7.1 Purchasing Face-to-Face / Direct from the Seller
      7.2 Buyer's information
      7.3 Product Refunds - Online and Face-to-Face Purchases

Miscellaneous Terms and Conditions
    8. Liability
    9. Notice Provisions
    10. Information on Kidstuff Website
    11. External Links
    12. Public Forums and User Submissions
    13. Alterations to the Terms and Conditions
    14. Performance Requirements and Cancellation Rights
    15. Dispute Resolution
    16. Using Your information and other Kidstuff Users (privacy 2 of 2)
    17. Copyright Notice
    18. Trademarks
    19. Intellectual Property Rights of Third Parties
    20. Comments or Questions

Introduction
Kidstuff.org.uk (hereinafter referred to as Kidstuff) is an online shop designed to assist local Buyers and Sellers buy and sell good-quality second-hand children's equipment and toys.

Kidstuff provides the information contained on the Kidstuff website, or any pages comprising the website, to visitors of the site subject to these terms and conditions. Your use of the website constitutes acceptance of these terms and conditions in full. You should not use this website if you do not accept these terms and conditions in full.

These terms and conditions dated July 2010, incorporate an agency agreement appointing Kidstuff to act as Agent for the Seller of products. The terms and conditions do not affect your statutory or common law rights, but where there is conflict between those rights and these terms and conditions, the terms and conditions will prevail.

The Agency agreement and the terms and conditions, are hereafter be referred to as (the Agreement).

Parties
Leigh Blows Trading as kidstuff.org.uk (Kidstuff), the Buyer, the Seller and visitors to the site.

Definitions and Interpretations Clause

Kidstuffkidstuff.org.uk, online Shop, website & agent for the Seller
SellerSeller and Principal authorising the agent
BuyerPotential purchaser or browsing customer
ProductThe item being sold by the seller
PrincipalThe Seller
CompletionThe time and date of sale of product

1. General Terms

  1. The general terms and conditions of use set out below incorporate this agency agreement, which is to be read in conjunction with the terms and conditions.
  2. In accordance with the common-law rules of agency and principal, there will be no liability on Kidstuff acting as agent for the principal who is referred to hereafter as the Seller.
  3. In making this agreement, the Seller agrees that he/she grants Kidstuff a sole-agency agreement in the geographical area of West Sussex, in that the Seller will not appoint another agent to sell the product on his behalf, but remains entitled to sell the product him or herself.
  4. Kidstuff will disclose the Seller's contact details upon receipt of a completed "Request Seller's Details Form" to any Buyer or potential Buyer that completes the form. For further information please read "The Seller's (Principal's) Obligations" set out below.

2. The Seller's Duties

  1. The Seller agrees to abide by the terms and conditions set down under the heading "Seller's (Principal's) Obligations" below and to ensure that upon completion of a sale by any method, the product is made available to the Buyer at the product collection address.

3. The Agent's rights and duties under the Agency Agreement

  1. Kidstuff is appointed as agent for the Seller to sell products on the Kidstuff site on behalf of the Seller. Under the terms of this agreement, the Seller agrees that the Kidstuff is able to bind the Seller who must then honour any contracts made by the Kidstuff on the Seller's behalf.
  2. The authority of Kidstuff includes, but is not limited to, finding customers in the West Sussex area and introducing them to the seller and/or conducting some negotiations on the Seller's behalf. The authority to negotiate the sale of products and/or conclude the sale on behalf of the Seller is a continuing authority until notified in writing by the Seller that the authority is revoked or the sale of the product is completed.
  3. Kidstuff agrees to list the products on the Kidstuff website, in accordance with the terms and conditions of this agreement, on behalf of the Seller. Kidstuff will then confirm to the Seller, that the listing and fee is received and the product has been listed.
  4. Kidstuff will endeavour at all times to keep good relationships with all Buyers and Sellers of products and to promptly pass all information between the parties as is required by this agreement.
  5. Kidstuff takes the Seller's online privacy seriously and will not pass on the Seller's contact details to anyone else, unless required to do so under the terms of this agreement or by law.

The General Terms and Conditions
(Incorporating the Agency Agreement)
The Seller's (Principal) obligations

4. Listing the Product

  1. In order to have the product listed in the Kidstuff shop, the Seller must purchase a listing from the Kidstuff web- site and make payment of a fee in the sum of 99p. The Seller is required to purchase one listing for each product, and pay 99p for each product to be listed.
  2. When payment is made, the Seller must then forward by email to Kidstuff the product description and associated photographs. The Seller must provide one email for each purchased listing.
  3. Subject to the Seller registering with Kidstuff as set out below, Kidstuff will then list the product for sale in the Kidstuff shop and notify the Seller that the Listing is complete.
  4. Upon receipt of notification from Kidstuff that the listing is complete, the Seller must then check that the information listed is accurate and report immediately to Kidstuff any inaccuracies with the product listing.

4.1 Registering with Kidstuff During the Listing Process

  1. When the Seller purchases a listing from the Kidstuff online shop, the Seller will be required to register his/her contact details with Kidstuff by completing a Registration form found on the Kidstuff website. The Seller must fully and accurately complete the registration form.
  2. When completing the Registration form the Seller must supply to Kidstuff the following personal information: -
    • Contact name and home address;
    • Email address;
    • Contact telephone number preferably landline;
    • Paypal email address if appropriate (see also iii below)
  3. If the Seller wishes to receive payments from Kidstuff through PayPal, the Seller must additionally provide to Kidstuff a PayPal-registered email address. This email address will not be disclosed to the potential buyer, unless it is the same as the Seller's main Kidstuff-registered email address, and the Seller has indicated email as the Seller's chosen method of contact for product enquiries from potential Buyers. The Seller is referred to the Kidstuff online Privacy Policy.
  4. When the Registration form is completed the Seller must submit the completed form back to Kidstuff, prior to the product being listed in the shop.
4.2 Supplying the Seller's information to a Buyer

  1. From time to time the Seller will receive from Kidstuff a "Request Seller's Details Form" completed by the Buyer. The Seller agrees that Kidstuff can pass the Seller's chosen contact details, previously specified at the listing stage by the Seller, onto the potential Buyer.
  2. The Buyer will contact the Seller directly, and the Seller is under a duty at all times to respond to questions raised by the Buyer, honestly and accurately without misrepresentation.
  3. In any event, where the Buyer purchases a product online, the Seller agrees that Kidstuff will pass the Seller's contact details and product collection address onto the Buyer.

4.3 Describing the Product for Listing

  1. The Seller agrees to provide to Kidstuff at all times with an honest and accurate written description of the product to be listed; with if appropriate, honest and accurate photograph/s of the product to be listed.
  2. Kidstuff reserves the right to cancel or revoke any registration or agreement with the Seller for failing to provide honest and accurate descriptions of products as requested.

4.4 Faulty or Misrepresented Products and Kidstuff Refund Policy

  1. If the Buyer requests a refund after payment of the product, due to a faulty or misrepresented product, whether innocent or not, it is deemed accepted that the Seller will agree to refund the purchase price of that product to the Buyer.
  2. The Seller must deal direct with the Buyer in relation to any claim by a Buyer for a product refund. Kidstuff will not enter into negotiations between Seller and Buyer as to whether or not the refund should be given. If a dispute arises between the Buyer and the Seller, the parties are at liberty to exercise their statutory and common law rights in relation to remedies sought. The Seller is referred to the Paragraphs marked Product Refunds.

4.5 Completion and action Required by the Seller

  1. Completion may take place in one of two ways, either by way of online sale, or a face-to-face sale at the product collection address.
  2. Where completion takes place face-to-face, the Seller must notify Kidstuff immediately, confirm the product is sold.
  3. In either method of completion, the Seller must ensure that the product is either, available for collection by the Buyer, or come to an arrangement regarding delivery of the product to the Buyer.

4.6 Removing Products from Listing Immediately Upon Completion

  1. Notice of a completion must be given in writing to Kidstuff immediately upon completion. The Notice must specify the full listing title of the product.
  2. Notice will not be deemed as received by Kidstuff until Kidstuff has acknowledged receipt of the written notice. Kidstuff cannot be held liable in the event that Notice is not received by the Seller of a completion and a new Buyer purports to purchase a product that has not been removed from the listing.

5. Fees Payable by the Seller

  1. Kidstuff agrees to list the Seller's product in the online shop and to carry out the duties referred to in this agreement in return for a two-part fee.

5.1 The Listing Fee

  1. The product will not be listed until the Seller has purchased a "listing" from the Kidstuff shop for the sum of 99p (ninety nine pence). If the product has been originally listed by the Seller at a value of £10.01 (ten pounds and one penny) or more, the listing fee will be refunded when the Seller pays the Completion Fee referred to below, and will be deducted from the Seller's final invoice.
  2. In the event the product does not sell or is removed from the listing by the Seller prior to sale, the listing fee will not be refunded.

5.2 The Completion Fee

  1. The completion fee applies to all products listed by the Seller, which were originally valued at £10.01 or more (ten pounds and one pence) and sold to a Buyer introduced by the Kidstuff online shop, unless in accordance with (ii) above, the product is removed from listing prior to purchase. The completion fee is payable in one of the two following ways:-
  2. Completion Fees and Online Sales
    In the event of an online sale, you agree that Kidstuff will deduct the 10% completion fee from the payment received, before forwarding the final balance to you. Balancing payments to the Seller will be made electronically via PayPal or by cheque sent by post to the product collection address supplied by the Seller at the Listing stage of the transaction.
  3. Completion Fees and Face to Face Sales
    If the Seller accepts a cash payment from a Buyer after an inspection at a face-to-face completion, the Seller accepts that he remains responsible to pay to Kidstuff the 10% Completion Fee arising from the original listing price. No deduction of the completion fee will be made in the event the Buyer accepts discount for a lesser cash payment than the original listing fee.

5.3 The Refund Fee

  1. Where money is refunded to the Buyer resulting from faulty or misrepresented products, or any breach of this agreement by the Seller, in such circumstances that Kidstuff incurs an administrative fee in making the refund the Seller agrees to remain liable for the 10% Purchase Completion Fee.
  2. In addition to (i) above, the Seller will be liable for an additional discretionary Refund Fee of 15% of the original Listing Price. The refund fee is discretionary upon Kidstuff incurring administrative costs in refunding the payment.

5.4 Recovery of Unpaid Fees

  1. In the event that any fee payable by the Seller remains outstanding for a period of greater than 21 days, Kidstuff will charge interest at the rate of 15% per annum on outstanding fees commencing on and including day 22. Interest will be calculated on a daily basis.
  2. If payment is not received upon demand, Kidstuff will send to the Seller a letter before action requiring payment, if payment remains outstanding, Kidstuff reserves the right to issue proceedings to recover outstanding monies plus interest and Court costs.
  3. Whilst legal costs may not be recoverable if the matter is allocated to the Small Claim Track, the Seller hereby agrees that Kidstuff will be entitled to Claim and Recover all legal costs incurred by Kidstuff in enforcing the terms of this agreement.

The Buyer's Obligations

6. General Use/Browsing of the Kidstuff Site

  1. In using the Kidstuff online shop the Buyer agrees he has read and understood this agreement and understands that Kidstuff, as Agent acting for the Seller, accepts no product responsibility. The Buyer is referred to the paragraph 8 on "Liability" set out below.
  2. The Buyer is entitled to browse the Kidstuff online shop at all times without registering any contact details and without commitment.
  3. The Buyer is responsible for ensuring that the Buyer is satisfied with the product prior to payment, whether on line or face-to-face. Kidstuff cannot be held responsible for any products listed on the Kidstuff online shop and the buyer is referred to paragraph 8 of this agreement.

6.1 The Request Seller's Details Form

  1. If the Buyer is interested in -
    • Further information from the Seller as to the nature of the product prior to an online purchase or
    • Arranging a viewing of the product direct with the Seller
    • Arranging a purchase face-to face

    The Buyer will be required to complete a Request Seller's Details Form

  2. Upon receipt of this Form, Kidstuff will supply to the Buyer, the Seller's chosen contact-method details as set out by the Seller in the Listing process stage. The Buyer is then free to contact the Seller regarding the product directly.

7. Purchasing Online Using PayPal

  1. Under the terms of this agreement when a Buyer purchases a product online from the Kidstuff shop, the Buyer is agreeing to purchase the product using a valid PayPal account, credit or debit card.
  2. Kidstuff can accept no liability for losses suffered by the Buyer which flow from, or are a direct consequence of, the Buyer making payments by way of any method, for Kidstuff listed products. Kidstuff actively encourages safer use of the Internet by expressing a preference for PayPal payments.
  3. When purchasing from the online shop, the Buyer will be required to complete a Registration form. By registering with Kidstuff, the Buyer is required to provide his/her personal contact details, which will include, name, address, contact telephone number, preferably landline, and an email address. The Buyer agrees this information will be passed by Kidstuff onto the Seller from whom the Buyer has purchased. See "Buyer's Information" set out below.
  4. When the payment has been received by Kidstuff in cleared funds, Kidstuff will also advise the Buyer of the Seller's contact details and confirm to the Seller that payment is received.
  5. The Buyer must then come to an agreement as to collecting the product from the product collection address, or arranging delivery by the Seller.

7.1 Purchasing Face-to-Face / Direct from the Seller

  1. The Buyer will be required to complete the Request Seller's Details Form and contact the Seller direct to arrange a viewing.
  2. If the Buyer purchases the product as a result of the viewing, the buyer may pay the Seller in any chosen method agreed with the Seller.
  3. The Buyer must then immediately notify Kidstuff in writing, that the product has been purchased, giving the full listing title of the product.

7.2 Buyer's information

  1. When purchasing products online, the Buyer's PayPal-registered email address will be forwarded to Kidstuff by PayPal. The PayPal-registered email address will not be disclosed to the Seller, unless it is the same as the Buyer's main Kidstuff-registered email address. The PayPal-registered email address will not be disclosed to any third party unless Kidstuff is required by law to do so. Kidstuff will not directly require the Buyer's credit/debit card information.
  2. The Buyer agrees that his/her contact details will be passed to the Seller by Kidstuff either after an online sale, or after submitting a Request Seller's Details Form to enable the Buyer and Seller to arrange viewing or product collection.
  3. The Buyer is referred to the kidstuff.org.uk Privacy Policy.

7.3 Product Refunds - Online and Face-to-Face Purchases

  1. Where the Buyer is dissatisfied with the quality of a product for whatever reason, the Buyer must approach the Seller direct with a view to obtaining a refund. Kidstuff cannot enter into negotiations with the parties, as to the quality, suitability, or otherwise, of a product. This agreement does not affect the Buyer's common law or statutory rights to a remedy claimed in the usual way under those provisions.

Miscellaneous Terms and Conditions Applicable to all Parties

8. Liability

  1. Kidstuff shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the Buyer, Seller or any third party as a result of, or which may be attributable, directly or indirectly, to your access and use of the Kidstuff website. This exclusion of liability includes any claim for breach of an intellectual property right owned by any third party.
  2. Kidstuff cannot be held responsible for any breach of obligation by the Buyer or Seller or any third party, of these agreement terms.

9. Notice Provisions Applicable to Both Seller and Buyer

  1. Both the Seller and Buyer are obliged to inform Kidstuff in writing, immediately upon the completion of the sale and purchase of a product. To avoid a Buyer form purchasing an already sold product, such written notice will not be deemed received by Kidstuff, until Kidstuff has acknowledged receipt of the written notice from the Seller or Buyer.
  2. Kidstuff will endeavour to respond to all written notices by return.
  3. Where Kidstuff is to notify the Seller and Buyer or any event, such notification will be deemed served if sent in writing electronically to the Buyer or Seller email address, or by First Class Post to the product collection / contact addresses given by either party.

10. Information on Kidstuff Website

  1. Whilst every effort is made to update the information contained on this website, Kidstuff makes no representations or warranty, whether express or implied as to the accuracy, completeness or reliability of information, opinions or any price provided by any party on the site.
  2. Kidstuff reserves the right at any time to change or discontinue without notice any aspect or feature of the website.

11. External Links

  1. External links may be provided for your convenience from time to time but they are beyond the control of the Kidstuff website and no representation is made as to their content and Kidstuff cannot be held liable. Use or reliance upon any external link for the Kidstuff website is at your own risk.

12. Public Forums and User Submissions

  1. Kidstuff is not responsible for and cannot be held liable for any material submitted to any public area by you, whether on Kidstuff or any public area found through any link on the Kidstuff website. Any material submitted by you is not endorsed, reviewed or approved by Kidstuff who reserves the right to remove any such material without notice for any reason.

13. Alterations to the Terms and Conditions

  1. Kidstuff may at any time alter or modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the agreement and unless stated otherwise in the "current version" all previously versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

14. Performance Requirements and Cancellation Rights

  1. Under the Consumer Protection (Distance Selling) Regulations 2000, where you have entered into a contract after using the Kidstuff website, that contract must be fully performed within a 30-day period to including weekends and bank holidays. You do however have a right to cancel your contract. If you wish to cancel your contract after it has been entered into, you must provide to all interested parties, written notice within 7 working days of entering into the contract. Written notice must be made to Kidstuff at the Kidstuff geographical address found on this website and cannot be accepted by mobile text. Any costs incurred by the cancellation due to administrative costs or return of product costs, must be paid for by the party cancelling the contract. Any sums paid prior to cancellation will be returned to the payee within 14 working days and Kidstuff reserves the right to charge a cancellation fee to cover reasonable administrative costs.
  2. Doorstep Selling Regulations:
    Under the The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 Kidstuff hereby provides you with notice, that you have a right to cancel any contract valued at £35.00 or above, within 7 working days, if you are not happy with the contract. When a sale is made face-to-face, notice of cancellation of a face-to-face contract must be made in writing direct to the Seller or Buyer involved in the transaction. It is a responsibility of the Seller to provide a cancellation notice to the purchaser at the time of making the contract. Kidstuff accepts no responsiblitly to deal with cancellation of contracts under these regulations, which are the responsiblity of the contracting parties who have dealt face-to-face.

15. Dispute Resolution

  1. In the event of a dispute arising between a Buyer and Seller in relation to a product, both Buyers and Sellers are encouraged to reach an agreement between themselves without legal recourse. Both the Buyer and Seller may agree to approach Kidstuff for a final determination on the dispute, and such determination will be binding upon the parties.

16. Using Your information and other Kidstuff Users

  1. Whilst Kidstuff has adopted a Privacy Policy Kidstuff cannot guarantee that other users will respect your privacy or treat the information provided to them by Kidstuff (as set out in these terms and conditions) as confidential. Buyers and Sellers are therefore required to evaluate the information provided to Kidstuff at each stage of the transaction and not to pass information to Kidstuff which would be damaging if passed onto a third party. Similarly Kidstuff would request that you respect other Kidstuff users and keep information provided to you as confidential.

17. Copyright Notice

  1. This website and its content is copyright of kidstuff.org.uk. All rights are reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
    • You may print or download to a local hard disk extracts for your personal and non-commercial use only
    • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
    • You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

18. Trademarks

  1. The trademarks, names and service marks relating to Kidstuff displayed on this website are the unregistered trademarks of the Kidstuff-website owner. Nothing contained on the website should be construed as granting any licence or right to use any trademark without the prior written permission of Kidstuff.

19. Intellectual Property Rights of Third Parties

  1. Kidstuff attempts to ensure that at all times listed products do not infringe upon the copyright, trademark or other rights of this parties. If you believe that your rights have been infringed, please notify Kidstuff immediately who will investigate.

20. Comments or Questions

  1. If you have any questions, comments of concerns arising from the website and its use, the agency agreement or any other relevant terms and conditions, policies and notices or the way in which Kidstuff is handling your personal information please contact us.

Dated July 2010 (These terms are still current at Nov 2011)

A copy of these Terms & Conditions are also available here

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