Terms and Conditions

WEBSITE USER AGREEMENT

1 Introduction

1.1.This Website User Agreement, the Buggy Park Conditions of Sale [ADD LINK], the Privacy Notice [ADD LINK], and all policies posted on our sites set out the terms on which Buggy Park offers you access to and use of our website www.buggypark.co.uk (“the Site”), services, applications and tools. The Buggy Park Conditions of Sale and the Privacy Notice are incorporated into this Website User Agreement (“Agreement”). You agree to comply with all of the above when accessing or using our Service.

1.2 If you reside in the United Kingdom you are entering into a contract with Nina Weisfeld, an individual trading as Buggy Park of 3 Lawford Avenue, Chorleywood, WD3 5JU (“Buggy Park”) (“Buggy Park”, “We”, “Us”).

1.3 Terms defined in this Agreement have the same meaning in Buggy Park Conditions of Sale and the Privacy Notice.

2. About Buggy Park

2.1 Buggy Park is a platform that allows its Members to offer, sell and buy baby strollers, buggies, prams and any related accessories, for a variety of prices and from various locations across the UK. Buggy Park does not accept the sale of any car seats or subsequent accessories at this present time.

2.2 Buggy Park does not have possession of anything listed or sold through the Platform, and is not involved in or a party to the actual transaction or contract between Buyers and Sellers. The contract for the sale is directly between the Buyer and Seller and does not involve Buggy Park.

2.3 While we may provide pricing, postage, listing and other guidance in our Service, such guidance is solely informational and you may decide to follow it or not. Buggy Park may review users’ listings and content. While we may help facilitate the resolution of disputes through various programmes, Buggy Park has no control over and does not guarantee the existence, quality, safety or legality of items advertised, except as expressly provided with a Bugsy’s Choice; 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.

3. Using Buggy Park

In connection with using or accessing the Platform you will not:

a) post, list or upload content or items in inappropriate categories or areas on our sites;

b) breach or circumvent any laws, third party rights or our systems or policies;

c) sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

d) manipulate the price of any item or interfere with any other user’s listings;

e) post false, inaccurate, misleading, defamatory, or libellous content;

f) transfer your Buggy Park account and user ID to another party without our consent;

g) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

h) use the contact information of other users for any purpose other than in relation to a specific Buggy Park transaction (which includes using this information to send marketing materials directly to Buggy Park users unless the user has given explicit consent to receiving these materials);

i) distribute viruses or any other technologies – malicious or otherwise – that may harm Buggy Park, or the interests or property of Buggy Park users

j) use any robot, spider, scraper or other automated means to access our Service for any purpose.

k) infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Buggy Park. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Buggy Park or someone else;

l) infringe any Intellectual Property Rights that belong to third parties affected by your use of the Service or post content that does not belong to you;

m) harvest or otherwise collect information about users, such as email addresses, without their consent;

n) circumvent any technical measures we use to provide the Service; or

o) carry out any of the Prohibited Uses as set out in Clause 10.

3.2 You are over the the age of 18 (or over the age of 13 and have the consent and authority of a parent of legal guardian to use the Platform and comply with any Contract).

3.3 You agree that by using the Platform, you accept this Agreement. You can cancel this Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.

3.4 We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Service.

4. Member Registration

4.1 You are required to register to create an account (“Buggy Park Account”) in order to become a Member and access certain parts of the Platform, including the Listing of any Items on the Platform and purchasing any Items.

4.2 It is free of charge to create a Buggy Park Account.

4.3 You are not required to create a Buggy Park account to browse our website.

4.4 You are not permitted to register more than one Buggy Park Account. We reserve the right to accept, reject, suspend or terminate your Buggy Park Account and your access to the Platform in our absolute discretion, with or without notice.

4.5 Registration may require provision of personal information (such as full name and email) or access to a third party account or social networking sites (including, but not limited to, Facebook, Google and Twitter) (“Third-Party Account”). You consent to the use of this information to create your Buggy Park Account and Buggy Park Account profile page, and acknowledge that we rely on the information provided by you during the registration process being true, accurate, current and complete. You must notify us of any change to such information by updating your Buggy Park Account details.

4.6 You are solely responsible for the security of any username and password provided by us to access the Platform. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission. You must notify us immediately of any misuse or unauthorised use of your Buggy Park Account.

4.7 By registering as a Member, you accept the terms and conditions of any payment services provider applicable to the money stored electronically by the Platform and the payment services provided.

5. Third-Party Links and Services

5.1 Certain content, products and services available via our Service may include materials from third parties.

5.2 Third-party links on this side may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

5.3 We are not liable for any harm or damages relating to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

5.4 The use of Third Party Services in connection with the Platform and links to other parties’ websites from the Platform means that you agree to be subject to and bound by such parties’ terms and conditions of business, in addition to these Terms.

5.5 The Platform may contain offers, information, content or advertising from those Third Parties. You consent to receiving such communications and information as part of your use of the Platform.

5.6 You access any websites or applications, goods or services, of Third Parties at your own risk.

5.7 We do not endorse and have not verified such websites, applications, goods or services and make no recommendation, warranty or representation whatsoever in respect of same. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

5.8 Any links, prices, goods or services, can be changed by the Third Parties without notice.

6. Errors, Inaccuracies and Omissions

6.1 Occassionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to Item descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

6.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice.

6.3 We undertake no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on any related website has been modified or updated.

7.Reviews, Comments and other Submissions

7.1 Members may post reviews, comments and other content and communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on Buggy Park contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on Buggy Park, please notify us by emailing [email protected].

7.2 If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”, you grant Buggy Park (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content.

7.3 We may, but have no obligaton to, monitor, edit or remove Member Content that we determine in our sole disceton is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.

7.4 You may delete your own Member Content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

7.5 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Buggy Park for all claims brought by a third party against Buggy Park arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

8.Complaints and Claims

8.1 You agree to communicate to the Seller via the Platform within 24 hours of any Purchase any and all complaints or grievances relating to the Items, and comply with any policies on the Platform as may be varied from time to time

8.2 If you want to make a claim or a complaint and you decide to involve Buggy Park, please email Buggy Park at [email protected] and we will respond to your claim or complaint within 48 hours.

8.3 If you choose to involve Buggy Park in your dispute, you authorise Buggy Park to deal on your behalf to resolve any complaint or grievance and agree not to communicate any settlement without approval from Buggy Park. We are not liable but we will do our best to help if we are available. Any costs of arbitrating the dispute may be recovered from the party deemed to have lost the dispute.

9. Data Protection and Confidentiality

9.1 Our Privacy Policy can be found here.

9.2 You accept our Privacy Policy and agree that you will not do anything that shall compromise our compliance with such policies nor do anything contrary to such policies insofar as your use of the Platform is concerned.

9.3 We may amend the Privacy Policy by providing an update on our website at our absolute discretion, and by continuing to use the Platform you accept such changes

9.4 Buggy Park takes your privacy very seriously and undertakes that it shall not at any time use any User’s confidential information for any purpose other than to perform its obligations under this Agreement and any other terms we have in place. Read our Privacy Policy for more information on how we handle your personal data.

10.Prohibited Uses

10.1 In addition to other prohibitions set forth in the Terms of Service, including without limitation those listed in clause 3, you are prohibited from using the site or its content:

(a) for any unlawful purpose or to solicitor others to perform or participate in any unlawful acts;

(b) to violate any international, federal, provincial or state regulations, rules laws or local ordinances;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discrimate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(e) to submit false or misleading nformation;

(f) to upload of transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(g) to collect or track the personal information of others;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose;

(j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

10.2 We reserve the right to terminate your use of the Service for violating any of the Prohibited Uses in this clause 10 or clause 3 above.

11.Warranties and Limitation of Liability

11.1 Whilst Buggy Park aims always to maintain a quality, fully operative service, the Platform and third party services are nonetheless provided an as available basis without any guarantee, representation or warranty that your use of the Platform will be uninterrupted, secure or error free.

11.2 Buggy Park gives Users and Members no warranty or assurance about the contents of the Platform. Whilst Buggy Park does endeavour to maintain the accuracy and the quality of the service provided, information contained may be incorrect or out of date. Therefore, any use of the service provided is at the Customer’s own risk.

11.3 Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement

11.4 Subject to clause 11.6, Buggy Park and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, disclaims all liability in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and shall not be liable for any indirect, or consequential loss. Buggy Park shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, as well as the following types of financial loss; loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses; loss of anticipated savings, increase in bad debt and failure to reduce bad debt.

11.5 Where any matter gives rise to a valid claim against Buggy Park its liability shall be limited to a sum equal to the sum paid for the Service supplied under this Agreement in the year the claim arises.

11.6 Nothing in this clause 11 or any other provision of this Agreement shall seek to exclude or limit liability for infringement, death, or for breach of its obligation under s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982 or fraudulent misrepresentation.

12. Indemnity

Users agree to indemnify, defend and hold Buggy Park, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Buggy Park or its parents, subsidiaries, affiliates, officers or employees in connection with the User’s use of the Platform in breach of this Agreement.

13. Force Majeure

Buggy Park will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of Buggy Park, including without limitation Internet outages, communications outages, fire, flood war or act of God.

14. Invalidity

14.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.

15. Third Party Rights

15.1 The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.

15.2 Should any third party data become unavailable to Buggy Park, Buggy Park shall be entitled to, upon giving one months prior notice to the User obtain a similar service from another third party supplier.

16. Waiver

16.1 The failure of Buggy Park to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right. The Platform’s service is subject to availability.

17.Applicable Law

17.1 The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Platform. This Agreement does not exclude any mandatory legal rights you may have in your country of residence, where Buggy Park is not allowed to exclude such as a matter of law. The terms of this Agreement shall be governed by the laws of England and Wales.

CONDITIONS OF SALE

Nina Weisfeld, an individual trading as Buggy Park of 3 Lawford Avenue, Chorleywood, WD3 5JU (“Buggy Park”) grants to the reader (“Your”) a non-exclusive, limited and revocable licence to use and access Buggy Park’s Service on the Site subject to these terms and conditions of use (the “Terms”).

By using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms you are not permitted to access and must immediately stop using the Platform.

These Terms apply to any contract between the Buyer and the Seller relating to the Items. Members may enforce any of these Terms against the other party directly in respect of the Items.

We may, in our sole discretion, assist with the resolution of any complaint or dispute relating to the Items, you acknowledge that any legal recourse arising from or in connection with the Items, whether for breach of contract or otherwise, is against the Buyer or Seller (as applicable) and not against Buggy Park, notwithstanding anything to the contrary in these Terms or elsewhere on the Platform.

You must cooperate fully with us and comply with all reasonable requirements, including information and documents relating to the Items and Listing.

1. Interpretation

1.1 The following terms are defined as follows:

“Commission” means the fee payable by the Seller to Buggy Park where their Listing is Purchased.

“Delivery Fee” means the fee involved in the delivery and return of the item, whether it is shipping or using a third party courier.

“Item” means the object as described in a Listing on the Platform by the Seller.

“Listing” means an Item listed by the Seller as available for purchase on the Platform.

“Member” means anyone who completes the account registration process for the Platform, including without limitation, all Sellers and Buyers.

“Member Content” means all and any Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Platform or Service.

“Platform” means the website at the Site, being an online marketplace that connects people and businesses who have Items to sell for the purpose of selling those Items that have been made available in a Listing.

“Purchase” means the buying of an Item Listed by a Seller.

“Purchase Price” means the amount that is due and payable by the Buyer in exchange for the Item. The Seller determines the amount, without Buggy Park’s involvement. The Seller may in his or her sole discretion decide to include these amounts (i) Insurance Fee or any other Fee permitted on the Platform (ii) Taxes that the Seller determines that he or she has to collect.

“Sale Agreement” means the agreement between the Buyer and the Seller, obligating the Seller to transfer the complete possession of the Item, and obligating the Buyer to pay in exchange and amount, determined in advance.

“Seller” means a Member that lists an Item on the Site.

“Service” means the provision of the Platform made available on “the Site”.

“Site” means the website at the URL www.buggypark.co.uk and/or any other applications, adaptations or platforms developed by Buggy Park now or in the future for mobile and other devices.

“User” means any person(s) who use the Site for any purpose, including, without limitation, all Members.

“Terms” means the terms set out in these Conditions of Sale.

“Total Fee” means collectively the Purchase Price and any Delivery Fees.

1.2 In these Terms, “us”, “we” and “our” refer to Buggy Park and references to “you” and “your” is to you, the User and/or Member.

2. Platform & Service

2.1 Buggy Park does not own any of the Items.

2.2 We do not accept any responsibility or legal liability whatsoever for any act or omission of a User arising from or in connection with the Items. Any Purchases will be made and accepted at the Member’s own risk.

2.3 As a Member, you contract with and authorise Buggy Park to process Purchases, take or facilitate payment, whenever necessary, and contractually commit you and other Members in respect of the supply of Items in accordance with these Terms.

2.4 We do not endorse, warrant or represent whatsoever in respect of the Items or any other goods, services or advertisements featured on the Site.

2.5 We are not responsible for any information or Member Content provided by Users and published on the Platform, nor are we liable for any reliance you make upon the information or statements conveyed by Members, nor are we responsible for the accuracy of any advertisements on the Site.

2.6 Buggy Park does not control Member Content, and the condition, legality or suitability of any Items.

2.7 Buggy Park responsibilities are limited to the Service and in certain circumstances, serving as the Sellers’ limited payment agent for the purpose of accepting payments from Buyers on behalf of Sellers using our PayPal.

3. Use of the Platform as Buyer or Seller

3.1 It is a condition of use that:

a) As a Seller, you are the bona fide owner of the Items in the Listing;

b) You have authority to effect payment and comply with the terms and conditions of any payment services provider;

c) You agree to pay for items purchased by you, unless you have a valid reason as set out in any of these Buggy Park terms, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;

d ) You agree to deliver items sold by you, unless you have a valid reason as set out in Buggy Park’s Agreement, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;

e) You register on the Platform to sell or Purchase any Items and do not use or attempt to use another Member’s username, password or third party identity;

f) You are not breaking any local, state, regional, national or international law in your relevant jurisdiction or facilitate such violation by accessing or using this Platform;

g) You will treat the Platform and its Users with respect and will not partake in any conduct that could be considered discrimination, bullying, harassment, degradation, insulting or otherwise demeaning to any other person (as determined by us); and

h)You only represent yourself and will not create a false identity, aliases or impersonate any other person (with or without their consent) while using the Platform.

3.2 By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all Items will be purchased in accordance with these Terms.

3.3 You agree and warrant that you will not solicit a user of the Platform to join another competing Platform.

3.4 You indemnify Buggy Park, its directors, shareholders, affiliates, subsidiaries and Members for any loss or damage we suffer as a result of your breach of this clause.

4. Member Content

You acknowledge and agree that you are solely responsible for all Member Content that you make available via the Platform and warrant that you have the right to use such Member Content and that information is accurate and honest. You acknowledge that all Member Content may be made publicly available and, although we may do so at our absolute discretion, we are not responsible for editing or monitoring any Member Content. We reserve the right to:

a)delete any Member Content without notice and in our absolute discretion; and

b)edit, modify, distribute, copy and use the Member Content for any purpose whatsoever, including without limitation, for our own advertising means.

4.2 Subject to these Terms, you retain the intellectual property rights to any Member Content you make available, but waive any moral rights you may have in such Member Content (including to be identified as author). You agree to grant us an unlimited, transferable, irrevocable, non-exclusive licence, to use any Member Content that you make available in connection with the Platform or our Service.

4.3 The Seller must not publish contact information within any Listing or communication on the Platform. Only once a Purchase for a Item has been confirmed on the Platform will this information be made available to the other contracting party

5. Item Listings

5.1 Members are able to create Listings, which will be made publicly available via the Platform. To create a Listing, you are required to provide information about the Item to be listed. You are solely responsible for any and all Listings and Member Content that you post.

5.2 There are two types of sale options that a Seller can select from when posting a listing:

a) “Buy Now” – this enables Buyer’s to purchase the Item at the price listed, immediately.

b) “Make Me An Offer” – this enables the Buyer to offer the Seller a price via the in-house messaging system where both Parties can negotiate an agreed Purchase Price. Once the Seller has approved the Purchase Price it will take the Buyer through to PayPal to finalise the transaction.

5.3 The Seller is responsible for completing the specification of all terms and conditions particular to the supply of the Item(s) (including price, delivery terms, loss and damage fees, conditions for use).

5.4 When listing a Product on the Platform, you agree that:

a) You are responsible for the accurancy, content and legitimacy of the Item listed and agree to not list only buggies and buggy accessories including but not limited to raincovers, wheel boards, carrycots, parasols, footmuffs and changing bags.

b) Content that violates any of Buggy Park’s policies may be modified or removed at Buggy Park’s discretion; and

c) Where your listing appears in search and browse results may be based on certain factors such as listing format, title, keywords, price and postage cost, and feedback and seller ratings

5.5 The Seller warrants and represents that:

b) Content that violates any of Buggy Park’s policies may be modified or removed at Buggy Park’s discretion; and

c) Where your listing appears in search and browse results may be based on certain factors such as listing format, title, keywords, price and postage cost, and feedback and seller ratings

5.6 Buggy Park has the right to monitor, edit or remove any incomplete Listings or Listings featuring Items that are deemed by Buggy Park to be unsuitable, including without limitation, Items or Listings that do not match our guidelines, such as Items that are unhygienic, non-re-usable, too cheap etc.

6. Bugsy’s Choice

All Sellers have the option to request a “Buggy Park Bugsy’s Choice” on all buggy sales, which will issued on the condition that:

a)You as the Seller send Buggy Park a clear and up-to-date video presenting the Item Listed, in its current condition;

b)The quality and condition of the Item shown in the video is of a high enough standard and can be established as fit for purpose, and Bugsy’s Choice-worthy where the following conditions are satisfied:

i. The buggy’s five point harness is intact;

ii. The buggy’s brakes lock properly into place;

iii. The buggy’s seat material is not ripped and there is no rust on the chassis; and

iv. The buggy collapses, reopens and locks into place easily and properly.

6.2 Buyers and Sellers accept and agree that the Bugsy’s Choice acts only as a guarantee and is not in any way intended to be deemed as a warranty and nor does it guarantee that the Item will be delivered in the condition that it was reviewed in.

6.3 Where a Seller elects to gain the Buggy Park Bugsy’s Choice they will pay a further 2% Commission to Buggy Park on the sale of the Item, resulting in the total Commission of 10% on the Purchase Price. On receiving the Buggy Park Bugsy’s Choice, Buggy Park will verify the Listing having “Bugsy’s Choice” status.

7.Purchase & Payment

7.1 When Purchasing an item, you agree that:

a) You are responsible for reading the full Item Listing before making a commitment to buy or placing an offer;

b) You enter into a legally binding contract to purchase an Item when you commit to Purchase an Item; and

c)You will pay the Total Fee specified in the Listing for any Items that you commit to buy.

7.2 All prices for the supply of Items are specified in GBP (Pounds Sterling) inclusive of VAT and subject to change at any time prior to Purchase.

7.3 All Buggy Park Members must have a PayPal account to buy and sell through the Platform.

7.4 If you fail to pay (a) the amount specified in the Listing or (b) the Total Fee upon your acceptance to purchase an Item and no further monies are paid within 24 hours, the Seller has the right to terminate your acceptance and re-list the Item for re-sale.

7.5 The Seller cannot vary any price after a Purchase has been made or confirmed. The Purchase Price for the Listing is determined solely by the Seller.

7.6 A Purchase is confirmed when the Total Fee has been successfully paid by the Buyer. Buggy Park will send the buyer an email receipt or receipt within the Platform confirming any Purchase made.

7.7 If the Buyer fails to pay the Seller any fees owed for any reason, Buggy Park is not held responsible for that payment. Total Fees payable is displayed to the Buyer before the Purchase request is sent. The Buyer agrees to pay for the Total Fees for any Purchase requested in connection to Buyer’s Buggy Park Account if such Purchase is confirmed by the applicable Seller.

7.8 All payments must be made via PayPal in accordance with the terms and conditions of the payment services provider. You authorise us to access and transact using your account with the payment services provider to effect all payments arising from any Purchase or relating to the Platform. Payments may also be made by any other payment method specified on the Platform and you may be required to provide credit or debit card details to secure payment of all charges relating to any Purchase and all associated Fees. Surcharges may apply.

8. Buggy Park Fees and Charges

8.1 Buggy Park charges Commission for the sale of any Items on Buggy Park’s Platform as follows:

a) 8% on all Items sold via the Platform; and

b) 10% on all Items that have been issued with a Buggy Park Bugsy’s Choice and are sold via the Platform.

Buggy Park deducts Commission from the Purchase Price before remitting the balance to the Seller.

8.2 Buggy Park may from time to time charge you additional fees and charges as specified on the Platform, including for insurance coverage.

8.3 Total Fees are payable to Buggy Park via PayPal immediately upon a Purchase. An email containing invoice/receipt will be sent after an accepted Purchase. Subsequent payment or refund may be required in the event of a payment processing error.

8.4 Buggy Park does not currently charge fees for Listings that are not sold, however we reserve the right in our sole discretion to charge you for the Listing Service or to collect fees.

8.5 In the circumstance of a payment processing error, we will take steps to resolve the same as soon as reasonably practicable after becoming aware of it.

8.6 We may change our fees, or introduce new fees from time to time by posting the changes on the Buggy Park site 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

8.7 You are required to have a payment method on file when selling on Buggy Park. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal advisors.

9. Offers Outside of the Platform

9.1 Sellers are liable for all transaction fees and Commission arising out of all Purchases made by Buyers on the Platform even if sales terms are finalised or payment is made outside of the Platform.

9.2 Without limitation, Members must not contact each other directly in order to Purchase Items outside of the Platform. If a Seller offers or references their contact information or asks for a Buyer’s contact information, you may be liable to pay a Total Fee in consideration for the introduction to a Buyer for that Item on the Platform, even if the item does not actually sell.

9.3 If we believe you are violating the policy on offers to buy or sell outside of Buggy Park, you may be subject to a range of actions, including:

a) limits on your buying and selling privileges;

b) restrictions on listings and account features;

c) suspension of your account;

d) application of fees for the introduction of seller to buyer, and

e) recovery of expenses for policy monitoring and enforcement.

9.4 If you are a Seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of Buggy Park, you will be liable for the Total Fees in consideration for the introduction to a buyer for that item on the Buggy Park site, even if the item does not sell.

10. Cancellation and Refunds

10.1 Cancellation of a confirmed purchase must be made within 24 hours following the Purchase Confirmation of an Item. If within this time the Item has been dispatched by the Seller for delivery, you may be charged a cancellation fee and additional Devliery Fee for the return of the cancelled Purchase. The Delivery Fee is non-refundable.

10.2 The Seller may choose to provide a refund option to the Buyer at their own discretion. Should this apply, and the buyer would like a refund, the Buyer must send back the product within 7 days of receipt of delivery, to the address elected by the Seller, returned in the original packaging and quality in which it was received.

10.3 If the Seller cancels a confirmed Purchase made via the Platform, the Buyer should receive a full refund of the Total Fee. If a Seller cancels a confirmed Purchase, you agree that Buggy Park may apply penalties, consequences or charges on you or your Listing including (i) publishing an automated review on the Listing stating that the Purchase was cancelled (ii) leaving the Listing marked as unavailable on the calendar dates of the cancelled Purchase (iii) charges relating to cancellation fees.

10.4 Any Purchase made via the Platform may be cancelled at any time by Buggy Park, including if we discover an error in the price, specifications of the Items or breach of these Terms. In certain circumstances we may (i) give the Buyer and Member the choice to vary the Purchase (ii) refund the Buyer part of or all of the Total Fee of the Purchase.

11.Taxes

Buggy Park does not pay, and is not liable for, any taxes on behalf of the Users or Members of the Site. You agree to pay any duties or taxes with respect to the Items. Buggy Park does not offer any advice here, and recommends that you seek advice from a tax professional. We may charge VAT where applicable.

12. Delivery

12.1 The Seller chooses and is responsible for the delivery methods that are available to the Buyer for the Listing together with all Delivery Fees. The terms of delivery must be specified in the Listing.

12.2 The Seller has the right to reserve sending the Item out for delivery until the Total Fee has cleared in the Seller’s Bank Account.

12.3 Members must provide accurate and safe (i) delivery address information (in the case of the Buyer) and if applicable (ii) return address information (in the case of the Seller) via the Platform, including nominated address and instructions for access (Address). Both the Buyer and Seller must provide safe and appropriate environments for delivery of the Items to the appropriate Address in compliance with all applicable laws and regulations.

12.4 Buggy Park cannot guarantee and is not responsible or liable for arrival, delivery or return times of the Items.

12.5 Sellers must endeavour to inform Buyers of any unavailability of a Listing or delay to a Purchase. Should any Listing become unavailable to a Buyer, the Seller agrees to repay the Purchase Price to the Buyer within 5 working days.

12.6 Buggy Park are not responsible or liable for the actions or negligence any third party courier or delivery companies used by any party.

12.7 If, you as the Seller, choose to provide a courier or shipping delivery on your Listing, you acknowledge and agree that you are liable for the Item until the Buyer receives the Item. If the Item is lost or damaged during delivery using a third party courier service you have chosen, Buggy Park is not responsible or liable for it.

12.8 Risk shall pass to Buyer upon (a) delivery signed for at the Buyer Address, or (b) collection in the collection method.

12.9 Buggy Park is not responsible for damage to Items which occur in transit or storage. It is the Buyer’s responsibility to examine the Items upon collection or receipt (as applicable). In the event of a damaged Item, the Buyer must Reject the item and report this to the Seller. The Seller may file a claim with the carrier. Any damage or shortage should be noted on the bill of lading. Notification of concealed damage claims must be made to the carrier immediately. The carrier may not accept responsibility for shortages or damages to Items if signed for without notation of damages.

12.10 If delivery cannot be made at the appropriate Address at the specified time, re-delivery must be arranged by the Seller and Buyer; and additional fees and charges may apply.

12.11 The Seller shall be responsible for all fees and charges for returns by the courier due to misrepresentation of the nature or quality of the Item. This will be deducted in the return and Buggy Park may suspend the Listing.

13. Intellectual Property & Ownership

13.1 All Buggy Park Member Content on the Platform is the copyright and property of Buggy Park.

13.2 All Buggy Park Content and Member Content can be used for any purpose relating to the Platform or the business of Buggy Park.

13.3 Without the express written permission of Buggy Park, you shall not replicate or copy any aspect of the Member Content, Buggy Park Content or the Platform in any format or media for your own commercial purposes, including:

a) Replicate or use the details and profiles of any Member;

b) Replicate all or part of the Platform in anyway; or

c) Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.

13.4 Buggy Park has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Buggy Park.

13.5 All Buggy Park Content remains the Intellectual Property of Buggy Park, including (without limitation) any source code, Item recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any Member.

14. Limitation of Liability & Indemnity

14.1 You, as a Member, are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.

14.2 You acknowledge that in using the Platform and in relation to the supply of Items you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

14.3 All Users agree to indemnify, release, defend and hold Buggy Park, and its affiliates and subsidiaries, and their directors and employees and agents, harmless against any claims, damages, losses, costs or expenses that those indemnified parties may suffer or incur as a result of your use of or conduct in connection with the Platform, including any breach by you of these Terms.

14.4 All Members shall indemnify other Members and Buggy Park against all any tax, penalty, fine or interest incurred or payable in connection with or in consequence of the supply of the Items and any related liability, deduction, contribution, assessment or claim. Buggy Park may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under these Terms.

14.5 In no circumstances will Buggy Park be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Items (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Buggy Park knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise

14.6 Buggy Park simply provides the Platform to connect Buyers and Sellers. Notwithstanding the foregoing, certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Items or payment of the cost of re-supply of Items.

14.7 In all circumstances, you agree that any liability of Buggy Park shall not exceed the value of the Fees for using the Platform.

15. Termination

15.1 We may terminate your use of the Platform and the agreement formed by the Terms with any User immediately for any reason and without notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease from using the Platform.

15.2 In the event of a Termination / Deactivation / Suspension and Cancelation of a User’s Buggy Park Account, the relevant Member’s Listing(s) shall be suspended/deactivated and Buggy Park shall be entitled to take any measures including:

a) password disabling;

b) termination of any “Make Me An Offer” negotiations;

c) for confirmed Purchases (Purchases which have been paid for) we may refund the Buyer in full irrespective of cancellation policies;

d) you will not be entitled for any compensation or further payouts whatsoever.

15.3 You, as a Member, may deactivate your Buggy Park Account at anytime via the ‘Deactivate Account’ Feature. It may take up to 14 days to deactivate your Buggy Park Account. Note that if you deactivate or terminate your Buggy Park Account, we are not required to delete or remove any Member Content you have made available via the Platform.

15.4 Buggy Park may cancel / deactivate / suspend your Buggy Park Account and your licence to use the Platform at any time for any reason in our sole discretion and without liability, with or without cause and with or without prior notice. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.

15.5 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

16. Notices

16.1 You can contact our customer service team by email at [email protected].

16.2 You can direct notices, enquiries, complaints and so forth to Buggy Park using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.

16.3 We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.

16.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

17. Assignment

17.1 Buggy Park may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

18. Chances to Terms

18.1 Buggy Park may in its absolute discretion change, update or otherwise amend these Terms or the Platform at any time, which shall become effective immediately upon publication and by continuing to use the Platform you accept such changes.

19. Invalidity

19.1 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

20. Entire Agreement

20.1 This Agreement, Conditions of Sale and the Privacy Policy (as amended from time to time) constitutes the entire agreement between the Users and Buggy Park in relation to the Service. None of the aforementioned Agreements are intended to supersede or cancel one another.