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Terms and Conditions of Sale

Introduction

    • Someone who uses the services available through the Website (the “Services”) is referred to as a “User”, “you” or “your” and will be using the Services as a Seller and/or as a Purchaser. Users may operate in more than one capacity.

    • When using the Services the User must register and use an account:
      • a “Purchaser” is a User who uses their account on the Website for purchasing; and
      • a “Seller” is a User who uses their account on the Website for selling.

Our Role

The purpose of the Website is to act as a means of allowing:

  • Sellers to sell tools and plant (the “Equipment”) they own and to advertise the Equipment to those seeking them;
  • to provide a means of listing the Equipment on the Website and/or through third party online selling platforms (being Gumtree, eBay, Facebook Marketplace and other platforms we may offer to sell through from time to time) (each a “Third Party Marketplace”); and
  • to allow others to buy the Equipment.

We also host the user experience part of the platform (see section 10 below) so that comments about experiences of Users can be shared.

  • The Website provides a platform for Sellers to list the Equipment on the Website and link to any listings on Third Party Marketplaces, and for Purchasers to browse a list of the Equipment available for purchase from Sellers, contact the relevant Seller, pay the relevant fees and then for the relevant Users to continue to interact through the platform until the transaction completes.
  • Prior to accepting a listing of Equipment the Seller must provide an accurate description of the Equipment to be sold including pictures, quantities and the condition of the Equipment. We will then advise our fee for listing the Equipment and facilitating the sale (the “Fee”). Our Fee may vary and we do not require to charge the same Fee for each sale or to each Seller. We may refuse to list the Equipment if we consider in our sole discretion that the Equipment is not represented accurately. No Equipment may be listed unless and until the Seller has confirmed and agreed the Fee with us. We will take and hold payment of the purchase price on the Seller’s behalf pending release to the Seller (less our Fee and any other costs we incur associated with the sale). The Seller is responsible for communicating with the Purchaser regarding the sale and for arranging collection or delivery of the Equipment to the Purchaser. We have no further role or responsibilities and in particular it is drawn to the attention of Users that:
  • while we shall use all reasonable endeavours to keep the Website available at all times, access is subject to internet availability and we may also require to carry out maintenance or upgrades to the Website;
  • while we facilitate the process, we are not party to any contract between a Seller and a Purchaser and are not responsible in any way for the Equipment or quality of the Equipment provided by a Seller or for any other services provided by a Seller.
  • we do not verify the identity of any User and it is the responsibility of the Users to check identification of other Users at the point of purchasing or exchanging the Equipment or otherwise when dealing with each other.
  • we do not verify the description or quality of Equipment nor give any warranty or representation that they are fit for any particular purpose, and are not responsible in any way for performance by either party of their obligations under the hire or purchase contract.
  • We may agree at our sole discretion to arrange for packaging and delivery on behalf of a Seller. Packaging and delivery will incur an additional fee on top of the Fee to be charged to the Seller, which shall be agreed with the Seller based on the costs involved to package and deliver the Equipment.
  • Where Equipment is also listed on a Third Party Marketplace, this may incur additional fees relating to the listing of the Equipment on a Third Party Marketplace, the removal of a listing (where we agree to this) and other service charges. Where this is the case, these costs will be passed on to the Seller and are payable in addition to the Fee.

User Profile and Accounts

  • Users are responsible for all information they post or upload to the Website, for the content of their account, their Equipment listings and for their own security in connection with our services, both online and offline.
  • When registering to use the Website Users will be required to create an account (“Account”). By uploading such information to create their Account, Users consent to our using it to provide services through the Website.
  • All Accounts will require the User’s full name, address, username, creation of a password, email address and phone number.
  • To register an Account as a Seller account the User will also have to enter their billing and bank account details [and set up a Stripe account] and provide a full, clear and unedited photograph or photocopy of a valid photo ID (driver’s licence or passport) which will be retained securely by us for identity verification and legal purposes. We will not share this ID with anyone other than where required for law enforcement and anti-fraud purposes. The photocopy or photograph of the ID should be sent to [info@toolmule.com] and if not provided we reserve the right to refuse to register the Seller’s account. The Seller authorises us to take and hold payments of the Equipment purchase price on their behalf.
  • To register an Account as a Purchaser account a User will also have to enter their billing details and may choose to save a preferred payment method on their Account.
  • Users must exercise their own judgement regarding the accuracy of information provided on the Website. We cannot guarantee that all of the content on the Website is complete, accurate or up-to-date. We do however expect Sellers to ensure that information about Equipment and its availability is up to date. If we think that is not occurring we reserve the right to suspend or cancel the relevant Listing and/or their Account.
  • Users are responsible for all use made of their Account. When registering to use the Website, Users will be required to set up a password for their Account. Users are responsible for all transactions or use made of their Account through their password. A User should contact us immediately if you believe unauthorised use has been made of your account.
  • If, in our opinion (which need not be reasonable), any User fails to comply with these terms and conditions or makes inappropriate use of the Website, we may immediately suspend or terminate their Account and/or access to the Website.

Buying, Selling and Listing Equipment on the Website

  • Any person accessing the Website can view the Equipment list, however to sell or purchase any Equipment an Account must be created.
  • You must register as a Seller to be able to list Equipment and in particular must specify whether as a seller you will require to charge VAT on the transaction. If you do not specify this all charges will be deemed to be VAT inclusive.
  • When a Seller wants to list Equipment (the “Listing”) they will do this through their Account by accepting our Fee and providing us with the available dates and times for the Equipment to be delivered and/or picked up dependent upon the sale, to be shown on the Listing. When completing the Listing the Seller may specify options and different prices for the sale, collection or drop off of the Equipment. [The Seller then has the option to save the Listing as a draft or to publish the Listing for public view on the Website. We will add our own charges (which will be retained by us at the point of payment) and the Seller will then see a price which is inclusive of our charges.]
  • When a User wants to purchase any Equipment, they will browse the Listings. A User can search Listings to find a selection of any listed Equipment that meet the search criteria. Once they have selected any Equipment they will choose to purchase the Equipment on the Website by adding the selected Listing to their basket and moving through to the checkout to purchase and place their order (the “Order”). Where Equipment is listed on a Third Party Marketplace a link to the sale page on the relevant Third Party Marketplace will be included on the Listing where a buyer can purchase the Equipment on that platform and make payment to us.

In relation to purchased Equipment:

  • The Purchaser will progress to the checkout page where they will complete the purchase by making payment for the Order. Following payment, the Order shall be accepted by the Seller or the Order shall be cancelled and any payment refunded.
  • Once payment is received, as detailed at condition 7, the Purchaser shall be notified and the Seller will advise the Purchaser of the Equipment’s estimated delivery date or collection date. It is the responsibility of the Purchaser to ensure the Equipment matches the description in any Order and we shall assume no responsibility for the Purchaser’s failure to do this.
  • When payment is made, the Purchaser enters directly into a contract with the Seller in relation to the sale of the Equipment and we accept no liability in relation to the Seller’s provision of the Equipment where to be delivered by or collected from the Seller.

Once an Order has been made:

  • if at the point of collection or delivery the Purchaser believes the Equipment does not meet the specification as described in the Listing or the Equipment is faulty, the Purchaser has the right to return the Equipment (at its own expense) in accordance with the Seller’s returns policy and notify us of the reasons for the return. If we verify that the Equipment does not meet the specification described and we agree or we determine the Equipment is faulty, we shall authorize a refund of the purchase price to the Purchaser and our Fee will be retained.
  • if the Purchaser cancels an Order before it is dispatched or collected, we shall authorise a refund of the purchase price to the Purchaser; and
  • in the case of a delivery, if 7 days after the specified delivery date the Equipment has not arrived, we shall authorise a refund to the Purchaser (subject to us confirming delivery has not occurred with the Seller or delivery service provider, and where we confirm delivery has taken place, no refund will be provided to the Purchaser)).
In all other circumstances the Purchaser shall be charged the full purchase price and we will retain the Fee and any additional fees incurred for delivery and packaging and any Third Party Marketplace service charges, where applicable.
  • In any event, if the Purchaser is not purchasing the Equipment in connection with a business and is an individual, they may cancel and/or return the Order in accordance with the Seller’s return policy without any cancellation charge applying.

Buying, Selling and Listing on a Third Party Marketplace

  • If we are requested by the Seller to list the Equipment on any Third Party Marketplace, the Equipment shall be listed through our account on the relevant Third Party Marketplace, which are subject to their own terms and conditions of sale, and the purchase price will be paid to our bank account. The Seller shall be responsible for ensuring they understand and comply with any policies applicable to sale on any Third Party Marketplace on which they want us to list the Equipment, including any additional fees imposed by the Third party Marketplace which may apply. If additional fees apply, these will be passed onto the Seller.
  • For Equipment to be sold by auction on a Third Party Marketplace, the minimum sale price for the Equipment (including our Fee) will be agreed between us and the Seller based on the quality and condition of the Equipment and all pictures, descriptions and representations of the quality of the Equipment provided should be accurately representative of the actual quantity, quality and condition of the Equipment to be sold. The Seller undertakes to not do anything to interfere with the proper and fair progress of an auction or a Third Party Marketplace listing.
  • We reserve the right to refuse to list the Equipment on a Third Party Marketplace if we consider in our sole discretion that the Equipment is not represented accurately and/or a minimum sales price cannot be agreed with the Seller.
  • The Third Party Marketplace Listing will be created and managed by us and the Equipment will be sold for at least the minimum sale price agreed with the Seller in the case of a sale by auction. Once a Listing has been made on a Third Party Marketplace, it cannot be removed without our agreement, which we reserve the right to withhold at our discretion. If we agree to remove such Listing the Seller will be liable to pay us an administration fee of [£20] and reimburse us for any additional fees or costs we incur associated with the removal of the Listing from the Third Party Marketplace. We will invoice the Seller for any such fees following the removal of the listing, to be paid within 7 days of the date stated on the invoice. In the case of Listings to be sold by auction (where applicable), once the Listing is live on the Marketplace, it cannot be removed and a Seller will be required to accept the final purchase price as determined at auction.
  • When a Purchaser completes a purchase on a Third-Party Marketplace, payment will be processed through that Third Party Marketplace. The purchase price will be paid into our bank account and held on behalf of the Seller until the Purchaser confirms that delivery or collection has taken place.
  • Where the Equipment is sold through a Third Party Marketplace, the Seller shall indemnify us against any liability we incur to the extent that we are treated as the seller of the Equipment under the terms and conditions of the relevant Third Party Marketplace.

Responsibilities

  • Sellers must use their own judgement about whether they wish to accept any Order made through the Website. Each party is responsible for ensuring their safety at the point of collection and/or delivery.
  • By accepting an Order, Sellers are agreeing to provide, and (unless agreed to otherwise by us) endeavouring to deliver the Equipment to or make the Equipment available for collection by the Purchaser at the time and location agreed between the Seller and Purchaser however, time of delivery shall not be of the essence.
  • When an Equipment sale is completed through a Third Party Marketplace, the Seller shall be bound by the terms and conditions of sale of the relevant Third Party Marketplace and shall be obligated to complete the sale.

Payment

  • The purchase price viewed by Purchasers on the Listing will include our Fee net or gross of VAT as appropriate as our fees may be subject to VAT but exclude any additional fees incurred relating to the listing or sale of the Equipment through a Third Party Marketplace (where applicable). As part of their Account, Sellers will provide us with bank account details and we are entitled to rely on this information being accurate. Payment of our Fee is dependent on sale of the Equipment.
  • All sums quoted are in Great British pound Sterling (£GBP) and all payment must be made in Great British pound Sterling (£GBP).
  • All Purchaser payments made in connection with the purchase of Equipment must be made to our bank account on the date the Order is accepted by the Seller, or at the time of successful purchase on a Third Party Marketplace. Payment of the purchase price less our Fee will be released to the Seller on our receiving confirmation from the Purchaser of a successful exchange or delivery of the Equipment.
  • The Purchaser shall be required to notify us of completion of collection or delivery of the Equipment within 7 days following the agreed collection or estimated delivery date. If the Purchaser does not notify us of a successful collection or delivery within 7 days, we reserve the right to verify with the Seller and/or the delivery provider whether collection or delivery has taken place and if we find that it has, we shall be entitled to release the purchase price to the Seller (less our Fee and any additional fees we incur for packaging and delivery and/or sale through a Third Party Marketplace, where applicable).
  • If we confirm that the collection or delivery did not take place, we reserve the right to issue a refund of the purchase price to the Buyer and charge the Seller our Fee and any other sums we incur in connection with the refund.
  • [Payment processing services on the Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to register as a User on the Website, Users agree to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Users agree to provide us with accurate and complete information about themselves and authorise us to share with Stripe such information and transaction information related to the User’s use of the payment processing services provided by Stripe as we consider appropriate.] Payment processing through any Third Party Marketplace is managed by the applicable Third Party Marketplace’s payment processing service provider. All payments received through Third Party Marketplaces shall be paid into our bank account and held by us pending confirmation of collection or delivery of the Equipment.

Failed Payments

  • A “Failed Payment” means an outstanding Fee for which Stripe, as instructed by us, has been unable to make a successful charge against the payment details provided by the Purchaser.
  • In the case of a Failed Payment still being outstanding 24 hours after an Order, the Seller authorises us automatically to instruct Stripe to retry the charge.
  • Sellers can also give us consent by phone, email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.
  • In the case of a Failed Payment still being outstanding 48 hours after an Order, we may at our discretion suspend and/or terminate the relevant User’s account.

Returns

  • If the Purchaser wishes to return an Order or any part of an Order, the Purchaser will return the Order or any part of the Order to the Seller in accordance with the Seller’s return policy and, where applicable any return policy operated by a relevant Third Party Marketplace. The Seller will be required to notify us where any refund of the purchase price is required to be processed if this occurs before we release the funds to the Seller or, where the funds have been released to the Seller, must be processed by the Seller. If the purchase price has already been released to the Seller, the Purchaser acknowledges that we are not responsible for processing the refund and the Seller acknowledges that our Fee will be retained.
  • Except as set out in these terms and conditions we give no warranty and make no representations in relation to the Equipment; and shall have no liability for a Seller’s failure to comply with all warranties and conditions whether express or implied by statute, common law or are otherwise are excluded to the extent permitted.

Postings and Messaging

  • Users may post or upload content including their Listings to the relevant sections of the Website and/or ratings of services provided by Users and send messages through the messaging system on the Website.
  • [Users may pay an additional fee of [25%] of the purchase price to have their Listing promoted on the Website (a “Promoted Listing”). The fee for a Promoted Listing will be in addition to our Fee for a sale. A Promoted Listing will be given higher priority on the unfiltered Equipment list and in User search results compared to unpromoted Listings of similar Equipment which return such similar Equipment.]
  • No posting or other content uploaded or sent in a message may be defamatory, racial, sexist or in any other way discriminatory, nor may it contain any non-factual statement or be inciteful. It may also not infringe the intellectual property or privacy rights of any person.
  • If you consider any content to breach these terms and conditions please alert us at [info@toolmule.com]. If we become aware of any content which we consider at our discretion to breach these terms or otherwise to be inappropriate, we may remove such posting without notice or liability to any User.
  • By posting any content on the Website, you grant us a perpetual, non-exclusive, royalty-free licence to use such content in any way.
  • The messaging service is intended to provide a secure system to allow Users to communicate with each other without disclosing personal contact details. It should be used only to confirm arrangements for any Exchange or Order.

Disclaimers and Limitation of Liability

  • Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
  • We shall not be liable for any loss or damage where:
  • there is no breach of a legal duty of care owed to you;
  • such loss or damage was not reasonably foreseeable by us;
  • such loss or damage is caused by you or arises from your failing to comply with these terms and conditions; or
  • such loss or damage is not a direct loss – we have no liability for indirect or consequential loss.
  • To the extent allowed by law, all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions are excluded.
  • Our liability of any kind (including our own negligence) in respect of any one event or series of related events is limited to the Fee.
  • If a dispute arises between a Seller and a Purchaser in regards to an Order or the Equipment, we (including our officers, directors, agents and employees) will not be liable for any claims, demands and damages arising out of or in any way connected with such a dispute.
  • Where we agree to package and arrange for delivery of Equipment on behalf of a Seller, we are acting only as agent for the Seller and shall at no time take ownership of the Equipment. We will not be liable to the Seller or Purchaser for any damage incurred to Equipment during delivery arising other than in connection with our negligence.

Changes to these terms and conditions

We may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. You will be bound by the revised terms and conditions if you continue to use the Website or the services following the effective date shown.

General

  • We are not liable to any User if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control.
  • No User is permitted to transfer its rights under these terms and conditions to anyone without our prior written consent. We may transfer our rights under these terms to another business without any User’s consent, but will notify you of the transfer and ensure that your rights are not adversely affected as a result.
  • If any provision pf these term and conditions (or part of any provisions) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability o any other provision of these terms will not be affected.
  • If a User breaches these terms (whether as a User, a Seller or a Purchaser) and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.

Governing Law & Jurisdiction

  • These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with Scottish law and the courts of Scotland shall have non-exclusive jurisdiction to settle any such dispute or claim.
  • If any condition or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.