Terms & Conditions For Website Usage

Introduction

Welcome to Preowned Cycles. This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the services available from our website PreownedCycles.co.uk (which includes but is not limited to PreownedCycles.co.uk) (our site). Before you become a member of Preowned Cycles, you must read and accept all of the terms and conditions in, and linked to this Agreement. We recommend that you read the linked information. The User Agreement constitutes a legally binding agreement between you and Preowned Cycles ltd.

Accessing our site

You may not use our site and services if you are under the age of eighteen, not resident in the United Kingdom, or you are not able to form legally binding contracts, or if your Preowned Cycles.co.uk  membership has been suspended.

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You warrant that you have provided complete, accurate and current personal information when registering as a member of Preowned Cycles. You must maintain and update your personal information held by Preowned Cycles to ensure it is kept current at all times. Preowned Cycles may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Preowned Cycles's discretion, you may create a business membership in addition to your personal membership.

Preowned Cycles reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Preowned Cycles may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

Preowned Cycles may send you emails relating to your membership, transactions and other activities on the site, and for promoting and marketing other Preowned Cycles products and services to you. Preowned Cycles may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

When using our site, you must comply with the provisions of our Acceptable Use Policy. In addition while using our site you will not:

  • post, list or upload content or items in an inappropriate category or areas on our sites;
  • breach any laws, sell or list any stolen bikes or other stolen items, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  • breach our policies including, without limitation, the Prohibited Items Policy and our other policies from time to time;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
  • manipulate the price of any item or interfere with other user's listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Preowned Cycles;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Preowned Cycles account (including feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Preowned Cycles, or the interests or property of Preowned Cycles users;
  • copy, modify, or distribute rights or content from our sites, services or tools or Preowned Cycles 's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent. If you are registering with Preowned Cycles as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Preowned Cycles, you must comply with all applicable laws relating to online trading.

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Preowned Cycles agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Preowned Cycles sites. You agree not to hold Preowned Cycles ltd responsible for any loss you may incur as a result of Preowned Cycles ltd taking this action.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

Preowned Cycles.co.uk ( Preowned cycles ltd ) works to ensure that all listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your Intellectual property rights have been infringed please notify us on contactus@PreownedCycles.co.uk and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:

 

  • we think that you are creating problems (including, without limitation, by harassing Preowned Cycles staff or other users or by making unreasonable legal threats against Preowned Cycles), or exposing us or another Preowned Cycles user to financial loss or legal liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
  • despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us;

You agree not to hold Preowned Cycles responsible for any loss you may incur as a result of Preowned Cycles taking any of the actions described above.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility, to the extent permitted by law, arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

No spam

We do not tolerate spam (unsolicited commercial communications). You may not add other Preowned Cycles users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered Preowned Cycles email address belonging to a Preowned Cycles member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

To report spam from other Preowned Cycles users, please contact Preowned Cycles.

Using information about other Preowned Cycles users

Our site and services enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

 

  • Preowned Cycles-transaction-related purposes that are not unsolicited commercial communications;
  • using services offered through Preowned Cycles; and
  • other purposes a user expressly agrees to.

Fees

Joining Preowned Cycles Ltd is free. We do charge fees for using other services based on our Fees Policy, which we may change from time to time. Changes to the Fees Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the Preowned Cycles site or via "My Messages". We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in GB pounds sterling (£). You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel. You agree that we may issue you with invoices in electronic format by email.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including Preowned Cycles users) you may use catalogue content solely in connection with your Preowned Cycles listings during the time your listings are on Preowned Cycles's site.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Preowned Cycles policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).

Liability

You will not hold Preowned Cycles ltd responsible for any loss you may incur as a result of Preowned Cycles ltd taking any of the actions described in Intellectual Property Rights section above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that our site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of locations, such as private locations or stores, in a fixed price format. At no point do we have possession of anything listed or sold through Preowned Cycles ltd

Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Preowned Cycles ltd takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. Preowned Cycles Ltd shall not be held liable in any way for any loss of items or money due to fraudulent activities on the website or through activities related to the website conducted outside of the parameters of the website. Preowned Cycles ltd gives no undertakings, representations, or warranties in relation to items sold or listed on the site, including:

 

  • about ownership of any item;
  • as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the site;
  • as to the accuracy or truth of listings;
  • that any item will meet your requirements or expectations; or
  • about the ability of members to complete a transaction, including credit card transactions.

In addition, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, 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. As Preowned Cycles ltd is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Preowned Cycles ltd in any dispute or in the resolution of disputes that arise between you and another member as a result of the services.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we may use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Preowned Cycles ltd cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

We (including our affiliates, officers, limited partners, designated members, members, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Preowned Cycles ltd message boards, your sale or attempted sale of a Prohibited item or arising out of any content or item you submit, post, transmit, or make available through the services.

Release

If you have a dispute with one or more users, you release us (and our designated members, members, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference

Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to Preowned Cycles ltd by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites without the prior expressed written permission of Preowned Cycles ltd and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you fully indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or that such material is lawfully their property.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement.

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

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of material on our site other than that set out above, please address your request to contactus@PreownedCycles.co.uk.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Resolution of Disputes, Jurisdiction and applicable law

If a dispute arises we strongly encourage you to contact us at contactus@PreownedCycles.co.uk so that we can resolve the dispute through alternative dispute resolution. In any event, the English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trade marks

"Preowned Cycles" is a UK registered trademark of Preowned Cycles ltd.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to the services. We expect you to read all of the linked documents: Acceptable Use Policy, Fees and Payment Policy, Prohibited Items Policy and Privacy Policy.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Severability

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Your concerns

If you have any concerns about material which appears on our site, please contact contactus@PreownedCycles.co.uk.

Thank you for visiting our site.