International buying, selling and translation
ForParts is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
ForParts does not have possession of anything listed or sold through ForParts.co.uk, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. ForParts is not a traditional auctioneer.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. ForParts does not review users’ listings or content. ForParts has no control over and does not guarantee the existence, quality, safety or legality of items advertised; 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 complete a transaction or return an item.
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
fail to pay for items purchased by you, unless you have a valid reason as set out in an ForParts policy the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
fail to deliver items sold by you, unless you have a valid reason as set out in an ForParts policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user’s listings;
post false, inaccurate, misleading, defamatory, or libellous content;
take any action ForParts 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;
use the contact information of other users for any purpose other than in relation to a specific ForParts transaction (which includes using this information to send marketing materials directly to ForParts users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm ForParts, or the interests or property of ForParts users;
use any robot, spider, scraper or other automated means to access our Services for any purpose.
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any ForParts application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Services or ForParts works of authorship, designs and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of ForParts and the appropriate third party, as applicable;
commercialise any ForParts application or any information or software associated with such application;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
circumvent any technical measures we use to provide the Services.
If you are registering with ForParts and you are a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on ForParts, you must comply with all applicable laws relating to online trading for the site you are selling on (look for more information on the legal requirements for selling in the UK).
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User 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.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote 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 from using our Services if:
we think that you are creating problems or possible legal liabilities;
we think that such restrictions will improve the security of the ForParts community or reduce our or another ForParts user’s exposure to financial 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 User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Seller Fees Page. We may change our fees, or introduce new fees from time to time by posting the changes on the ForParts site or via the Message Section 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
You are required to have a payment method on file when selling on ForParts. 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 counsel.
When listing an item, you agree to comply with the Rules for Listings and Seller Practices and that:
you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the Prohibited and Restricted Items;
your listing may not be immediately searchable by keyword or category for up to 24 hours. ForParts does not guarantee exact listing durations;
content that violates any of ForParts’ policies may be deleted at ForParts’ discretion;
where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, ForParts policy compliance and detailed seller ratings.
Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
some optional upgrade features will only be visible on certain ForParts Services.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying an item, you agree to comply with the Rules for Buyers and that:
you are responsible for reading the full item listing before making a bid or commitment to buy;
you enter a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
for motor vehicles, and real estate (property) listed in the Ad format, a bid or offer is not binding, but expresses a buyer’s serious interest in the item;
if you purchase an item on ForParts site other than forparts.co.uk you are subject to the User Agreement of that other ForParts site solely with respect to that purchase.
International buying, selling and translation
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
Your items may be listed on one or more of ForParts international sites in addition to forparts.co.uk. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage, you authorise ForParts, in its discretion, to display your listings on ForParts sites other than the original listing site but acknowledge that your listings may not appear on some or these sites. When you sell your items internationally, you agree to be subject to that other site’s policies, and you agree to be subject to and accept ForParts International Selling Agreement
You authorise us to use automated tools to translate your ForParts content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, fully permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicenses or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including ForParts users). You may use such catalogue content solely about your ForParts listings during the time your listings are on ForParts sites. That permission is subject to modification or revocation at any time at ForParts sole discretion.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. 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 ForParts 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 based on catalogue content (other than by including them in your listings).
To protect against the risk of liability, ForParts has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, ForParts may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My Site. Where returns have been set to automatically accept requests, an ForParts-generated return postage label will be provided to your buyer. You agree to comply with our Return Policy.
When an item is returned, to refund the buyer, you authorise ForParts to request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
When a transaction is cancelled, and you choose to refund the buyer via ForParts, you authorise ForParts to request PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer. See our Cancellation Policy for more details.
We try to keep ForParts and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in ForParts Services may not occur in real time. Such functionality is subject to delays beyond ForParts control.
We (including our parent, subsidiaries, affiliates, directors, 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 from:
your use of or your inability to use our Services;
pricing, postage or other guidance provided by ForParts;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any ForParts Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing ForParts section;
the duration or way your listings appear in search results as set out in the listing condition section; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, because of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
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 use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. ForParts 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.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under ForParts Money Back Guarantee up to the price the item sold for on ForParts and its original postage costs, (b) the number of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User 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 will compensate us in full (and our 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 User Agreement, your improper use of ForParts Services or your breach of any law or the rights of a third party.
If a dispute arises between you and ForParts, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support at: firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or about this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and ForParts both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you could bring a claim arising from or about this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), if we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will act against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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.
We may amend this User Agreement at any time by email, or via the message section or by posting the amended terms on www.forparts.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through agreement by you and a ForParts representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the ForParts site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement, the ForParts User Privacy Notice and all polices posted on our site are the entire agreement between you and ForParts and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to AgoMotors.eu 97 Whiefields Road Cheshunt EN8 0EL UK. We shall send notices to you by email to the email address you provide to ForParts during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.