TERMS FOR BUYERS

 

BACKGROUND:

 

These Terms for Buyers, together with any and all other documents referred to herein, set out the terms under which Users (“Buyers”) buy from Sellers on Our Marketplace. Please read these Terms for Buyers carefully and ensure that you understand them before purchasing anything on Our Marketplace.  These Terms should be read in conjunction with our Website User Policy https://fytfinder.com/terms-and-conditions/ and our Privacy Policy https://fytfinder.com/privacy-and-cookie-policy/. You will be required to read and accept these Terms for Buyers during the checkout process. If you do not agree to comply with and be bound by these Terms for Buyers, you will not be able to purchase anything on Our Marketplace. These Terms for Buyers, as well as any and all contracts are in the English language only.

 

PLEASE NOTE: as the items you are purchasing are deemed digital content, and are made available to you immediately for downloading upon receipt of payment, you will lose any right you have to cancel the contract – please see clause 13

 

  1. Definitions and Interpretation

 

1.1     In these Terms for Buyers, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required to access and/or use certain areas of Our Site, including Our Marketplace;

“Buyer” means a User who makes a purchase on Our Marketplace;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Listing” means a listing on Our Marketplace advertising an item or items for sale or a Listing in our directories;

“Marketplace” means Our platform for Buyers and Sellers on Our Site;

“Our Site” means this website, fytfinder.com;

“Payment Service” means the payment service provided by PayPal, our Third Party Payment Service Provider;

“Seller” means a User who sells on Our Marketplace;

“Third Party Payment Service Provider” means PayPal means PayPal, for which you do not need to register an account.  PayPal’s terms and conditions can be found at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full?locale.x=en_GB

“User” means a user of Our Site;

“User Content” means any Content added to Our Site by a User;

“We/Us/Our” means FYT FINDER LIMITED, a company registered in England under company number 11073136 and whose registered address is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.

 

  1. Information About Us and How to Contact Us

 

2.1     Our Site is owned and operated by Us.

2.2     You can contact us by writing to us at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX, emailing us at [email protected] or via the Site at https://fytfinder.com/contact-us/

 

  1. Access to and Use of Our Site

 

3.1     Access to Our Site is free of charge.

3.2     It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3     Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Buyers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4     Use of Our Site is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.

 

  1. Restrictions

 

4.1     You may only make purchases on Our Marketplace if you are at least 16 years of age.

4.2     Our site is directed to people residing in the United Kingdom.  Although you can make purchases from our Sellers if you are outside of the United Kingdom, we do not represent that content available on or through our site or from Sellers is appropriate for use or available in other locations outside of the United Kingdom.

 

  1. Our Marketplace

 

Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:

5.1     You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Seller in question, and your contract is with that Seller;

5.2     We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;

5.3     We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings and we do not recommend or endorse any Seller or Listing on our Site.

 

  1. Intellectual Property Rights

 

6.1     The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace

in Listings or the digital content sold by Sellers.

6.2     Buyers must, at all times, respect the intellectual property rights of Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

 

  1. Buyer Rules and Acceptable Usage Policy

 

7.1     When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:

7.1.1  you must ensure that you comply fully with all local, national, or international laws and/or regulations;

7.1.2  you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

7.1.3  you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

7.1.4  you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;

7.1.5  you must always provide accurate, honest information to Sellers on Our Marketplace; and

7.1.6  you must not engage in any form of price fixing with other Users (including Sellers and Buyers).

7.2     When using Our Marketplace, you must not submit anything, or otherwise do anything that:

7.2.1  is sexually explicit;

7.2.2  is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.2.3  promotes violence;

7.2.4  promotes or assists in any form of unlawful activity;

7.2.5  discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.2.6  is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.2.7  is calculated or is otherwise likely to deceive;

7.2.8  is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

7.2.9  misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);

7.2.10 implies any form of affiliation with Us where none exists;

7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.3     We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Buyers. Further actions We may take include, but are not limited to:

7.3.1  removing any offending material from Our Marketplace;

7.3.2  issuing you with a written warning;

7.3.3  legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

7.3.4  further legal action against you as appropriate;

7.3.5  disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

7.3.6  any other actions which We deem reasonably necessary, appropriate, and lawful.

7.4     We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Buyers.

 

  1. Purchasing from Sellers

 

8.1     As set out above in Clause 5, all transactions on Our Marketplace are between Buyers and Sellers only. We are not a party to such transactions.

8.2     When making a purchase from a Seller, you expressly agree that:

8.2.1  You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Seller; and

8.2.2  All items must be paid for using Our Payment Service, details of which are provided below in Clause 9, at the time you purchase the item.

 

  1. Payment Service

 

9.1     All Payments on Our Marketplace are made through the Payment Service provided by PayPal, our Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers on Our Marketplace.

9.2     You do not need to create a PayPal account to make payment as you will still be able to make payment using certain debit or credit cards.  More details can be found at https://www.paypal.com

9.3     By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.

9.4     If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.

9.5     The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

 

  1. Payments to Sellers

 

10.1    All payments are processed using the Payment Service described above in Clause 9.

10.2    If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller’s cancellation rights.

10.3    We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

 

  1. Taxes

 

11.1    It is the responsibility of Sellers to collect and pay takes on any sales made through Our Marketplace.

11.2    Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.

11.3    If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace.

11.4    For further information on VAT and other taxes in your location, please contact your local tax authority.

 

  1. Downloads

 

12.1    All items for sale on our Marketplace are for download only and no physical items will be sent to Buyers.

12.2    Sellers are required to ensure that items can be downloaded immediately after payment has been made.

 

  1. Your Rights to Cancel Items

 

13.1    If you are a consumer (that is, not a business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Seller for any reason.  As you are purchasing digital content for downloading or streaming you have 14 days after the day your order is confirmed or, if earlier, until you start downloading or streaming. If the Seller delivered the digital content to you immediately (which will be the case for most purchases as set out in Clause 12.2), you will not have a right to change your mind.

13.2    If you wish to exercise your right to cancel during the cooling-off period, you must inform the Seller of your decision within the cooling-off period. You may do so in any way you wish.  Cancellation by email or by post is effective from the date on which you send the Seller your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.

13.5    When you cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the day on which you inform the Seller that you wish to cancel.

 

  1. Problems with Transactions and Your Rights

 

14.1    By law, Sellers must provide digital content that is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that the Seller has provided to you.

14.2    If items do not conform with the requirements outlined in sub-Clause 14.1 and, for example, have faults, you must contact the Seller as soon as reasonably possible to inform the Seller of the problem.  As a consumer you have remedies available to you depending upon when the fault occurred and when you inform the Seller.  For more information of your legal rights please visit www.citizensadvice.org.uk.

 

  1. Further Transaction Cancellation Rights

 

15.1    The Seller has the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:

15.1.1 You and the Seller have mutually agreed to cancel the transaction before the item is available for download;

15.1.2 You have failed to pay;

15.1.3 The Seller has chosen to refuse service to you.

15.2    Refunds must be made within 14 days of:

15.2.1 the date on which you and the Seller agree the cancellation, under sub-Clauses 15.1.1; or

15.2.2 the date on which the Seller informs you that they are cancelling the transaction, under sub-Clauses 15.1.2 and 15.1.3.

 

  1. Your Account Cancellation Rights

 

16.1    You may close your Account at any time by emailing us at [email protected].

16.2    Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

 

  1. Our Liability to You

 

17.1    As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, as stated in sub-Clause 5.2, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned.

17.2    We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Buyers or as a result of Our negligence.

17.3    Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

17.4    Nothing in these Terms for Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

17.5    Nothing in these Terms for Buyers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Communication and Contact Details

 

18.1    If you have any issues with a Seller or items purchased, these must be raised with the Seller.

1.2     If you wish to can contact us for any matter relating to our Marketplace or with general enquires you may do so by writing to us at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX, emailing us at [email protected] or via the website at https://fytfinder.com/contact-us/.

 

  1. Data Protection

 

19.1    All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

19.2    For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy https://fytfinder.com/privacy-and-cookie-policy/

19.3    Sellers will also collect, hold, and process your personal information in the course of transactions (for example, your name and email address.  Sellers are required to have their own privacy policies in place to govern their collection, processing, and holding of Buyers’ personal data. Please consult the privacy policy of any Seller you wish to buy from before entering into a transaction with them and ensure that you have read, understood, and agree to it. Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.

19.4    You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

 

  1. Other Important Terms

 

20.1    We may transfer (assign) Our obligations and rights under these Terms for Buyers to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms for Buyers will not be affected and Our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.

20.2    You may not transfer (assign) your obligations and rights under these Terms for Buyers without Our express written permission.

20.3    If any of the provisions of these Terms for Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers.  The remainder of these Terms for Buyers shall be valid and enforceable.

20.4    No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Buyers means that We will waive any subsequent breach of the same or any other provision.

20.5    We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.

  1. Law and Jurisdiction

21.1    These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

21.2    Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.