Terms and Conditions
- Definitions and Interpretation
- Conditions of Use
- General Rules
- Delivery and Inspection
In this Terms and Conditions, the following terms have the meanings set out in this clause unless the context otherwise indicates:
means placing an Offer by a Buyer to purchase the Stock on condition that the said Offer exceeds any reserve or minimum price place on the Stock by the Seller and meets any other conditions of sale;
means CYCLEON-RECARE UK LIMITED (Company No. 05861645) whose registered office is?: Buckingham Street, Birmingham, B19 3HS and CYCLEON-RECARE ROMANIA (Company registered number: J40 / 3407 / 1996) of 52-54 Nicolae Caramfil Street, sector 1, Bucharest, Romania
the charges imposed by Cycleon-Recare on both the Seller and the Buyer following the making of a contract for the sale of Stock as more specifically detailed in clause 6 below to include all transport costs, fuel, duties, fees, taxes, storage costs and insurance payable thereon;
the period immediately following the expiration of the Offer Period which shall apply in the event that the Seller accepts an Offer from a Buyer;
the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force as at the date of this agreement;
the listings of the Stock on the Website;
means users who have registered their information with the intention on exploring the Website, the Services and potentially becoming Buyers;
prospective and actual Buyers who have registered with the Website to purchase Stock from Sellers;
the period of time that the Stock is offered for sale on the Website which will expire upon an Offer being accepted or upon the removal of the Listing from the Website whichever is the earlier;
means the provision of the Website which allows Members to buy Stock;
means goods uploaded by Cycleon-Recare which are available to be bought on the Website;
means the legal entities, companies (or their representatives) entitled to and owner of all applicable intellectual property rights that apply to brand names and trademarks in relation to Stock;
"Terms and Conditions"
these terms and conditions;
means the website with the URL sales.cycleon-recare.com
"we", "us" and "our"
are references to Cycleon-Recare;
"you" and "your"
is a reference to you as a Member of the Website as the context permits.
In the interpretation of these Terms and Conditions, unless the context or subject matter otherwise requires:
(i) singular includes plural and vice versa and any gender includes every gender;
(ii) a reference to a person includes limited companies, limited liability partnerships, partnerships, Government authorities, local authorities and other legal entities, and where necessary, includes successor bodies;
(iii) references to statutes include all and any amendments thereto, consolidated statutes, Statutory Instruments, regulations and orders, rules made under those statutes;
(iv) headings are used for convenience only and are to be disregarded in the interpretation of these Terms and Conditions;
(v) where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has the equivalent meaning;
(vi) each paragraph or sub-paragraph in a list is to be read independently from the others in the list, unless otherwise indicated;
(vii) a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and
(viii) a reference to a Party includes that Party's authorised executors, agents administrators, substitutes, successors and permitted assigns.
2.1 Deemed acceptance of Terms and Conditions:
These Terms and Conditions contain the terms on which Cycleon-Recare offers you access to the Website and the Services. You are deemed to accept these Terms and Conditions by registering on the Website. If you do not accept these Terms and Conditions, you must refrain from using the Services and the Website.
2.2 Amendments to Terms and Conditions:
These Terms and Conditions may be amended in whole or in part by Cycleon-Recare from time to time. Amendments will be effective immediately upon posting of the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website represents your agreement to be bound by the Terms and Conditions as amended.
3.1 Cycleon-Recare's Services:
3.1.1 Cycleon-Recare uses the Website to market sell the Stock.
3.1.2 All Stock for sale is listed on an "invitation to treat" basis. Terms apply when the Buyer initiates an Offer to purchase the Stock;
3.1.3 We will arrange the transit of the Stock between Cycleon-Recare and the Buyer. Clause 6 of these Terms and Conditions sets out the delivery terms.
3.2 Your liability for transactions conducted:
3.2.1 Transactions are conducted entirely at your own risk. You agree that Cycleon-Recare takes no responsibility or liability for the misconduct of any Members that have registered under false pretences or who attempt to defraud Cycleon-Recare.
3.2.2 Cycleon-Recare gives no undertakings, representations, or warranties in relation to the Stock sold or listed on the Website, including:
(a) about ownership of the Stock;
(b) as to the content, safety, description, worthiness, quality, or legality of the Stock that is listed on the Website;
(c) as to the accuracy or truth of Listings;
(d) that any item of Stock will meet your requirements or expectations;
(e) about the ability of Members to complete a transaction.
3.3 No Warranty:
3.3.1 You expressly understand and agree that:
(a) Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 3.2.2, Cycleon-Recare disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of quality, fitness for a particular purpose, and non-infringement;
(b) Cycleon-Recare does not warrant that:
(i) the Services provided will be uninterrupted, timely, secure, or error free; or
(ii) that any information (including feedback) provided on the Website is error-free or reliable;
(c) no advice or information that is obtained by you from Cycleon-Recare or anyone else shall create any warranty by Cycleon-Recare that is not expressly stated in the Terms and Conditions;
You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions or your failure to complete a transaction.
3.5 No liability:
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Cycleon-Recare to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another Member's acts, or your use of or inability to use, the Services or the Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Cycleon-Recare's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
3.6 Use of Website at sole discretion of Cycleon-Recare:
Without limiting any other rights and remedies available to Cycleon-Recare, Cycleon-Recare may limit your activities on the Website in its sole discretion, including suspending or terminating your membership, or refusing to provide Services to you if you breach these Terms and Conditions or where Cycleon-Recare considers it appropriate.
(a) All Listings, Offers or communications made through the Website shall be made in good faith.
(b) You must not attempt to damage, interfere or harm the Website or Services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the Website or information feature on it for any purpose.
(c) Cycleon-Recare Memberships are not transferable and therefore cannot be sold or traded.
4.2 Buyer's obligations:
(a) You must only place an Offer for the Stock if you intend to buy the Stock at the price offered and meet the Delivery Charges.
(b) If you are notified that your Offer has been accepted, you must complete the transaction and make full payment to Cycleon-Recare for the price agreed for the Stock within 24 hours of you receiving the final proforma invoice including delivery charges & if applicable insurance & VAT. If your payment is not received by Cycleon-Recare within 3 working days of you receiving the final proforma invoice then your Offer will be cancelled. By making an offer to purchase the Stock, you warrant and represent that you have the legal right to enter into and complete the transaction.
(c) Your Offer to purchase the Stock is an irrevocable offer which cannot be withdrawn.
(d) If your Offer is successful and you do not complete the payment transaction for the Stock, Cycleon-Recare may terminate or suspend your Membership at its sole discretion without notice to you.
(e) Should you arrange to resell the Stock or any part thereof before receiving it, you do so at your own risk.
(f) You must comply with any of the Supplier's restrictions on re-sale as set out in the Listing (e.g. restrictions on territories, branding etc);
(g) You are entitled to inspect the Stock during the Offer Period but only with our permission and at a date and time convenient to us.
5.1 General requirements:
(a) General requirements:
5.1.1 To become a Member of the Website, you must:
be a bona fide trader or company and not a consumer;
where you are a sole trader, be over the age of 18 and not be under any legal disability;
where you are a partnership of company, be solvent;
pay any applicable invoices for purchases.
5.1.2 In the event that you wish to contact Cycleon-Recare please follow the 'contact us' link from the Website.
5.1.3 You agree to pay for the Stock and the Delivery Charges using the payment methods stated by us on the Website.
5.2 Warranty as to information provided:
You warrant that you have provided complete, accurate and current personal information when registering as a Member. You must maintain and update your personal information held by Cycleon-Recare to ensure it is kept current at all times. You must not register as a Member under multiple identities or personas (whether false or not). Cycleon-Recare may phone or mail you to verify these details.
5.3 Cycleon-Recare ability to terminate Membership:
Cycleon-Recare reserves the right to decline you to register or to terminate your Membership in its sole discretion without entering into further discussions with you. Members who have registered under multiple aliases may have all of their aliases disabled.
5.4 Your security:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
(a) not to permit any other person to use your user name or Membership; and
(b) not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your Membership.
6.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Terms and Conditions, but if there is any conflict between the provisions of Incoterms and these Terms, the latter shall prevail.
6.2 The Buyer shall be responsible for clearing the Stock through customs and to arrange for any vehicle carrying the stock or any container holding the stock to be unloaded immediately upon arrival. In the event that the Buyer delays in unloading the vehicle / container, the Buyer shall be liable for all demurrage imposed by any third party.
6.3 The Buyer is entitled to be present at the point of loading for the purposes of inspecting the Stock and to check that the Stock has been packed securely. If the Buyer inspects the Stock at this juncture the Buyer shall be obliged to notify us of any mis-description and/or defect in the Stock prior to the Stock being loaded. Thereafter the Buyer shall have no right to reject the Stock (including no right to reject under clause 6.5 below) and we shall have no liability for any claim in respect of any defect in the Stock or any mis-description in the Listing which would be apparent on inspection.
6.4 Save where the Buyer inspected the Stock at the point of loading in accordance with clause 6.4 above the Buyer shall inspect the Stock immediately upon delivery to its premises. Any apparent defect or physical damage that is noticed upon receipt should immediately be filed on the transportation documents. Unless the Buyer notifies us of any mis-description or defect in the Stock supplied within 48 hours of the time of delivery to the Buyers premises, we shall have no liability for any claim in respect of any defect in the Stock or any mis-description in the Listing which would be apparent on inspection or in respect of any damage during transit.
6.5 The Buyer shall have no right to reject the Stock save in the event that it has been materially mis-described in the Listing. We give the Buyer no warranty as to quality, description fitness for purpose.
6.6 Subject to anything to the contrary in the Listing, the Buyer shall be liable for all Delivery Charges.
6.7 We shall use our reasonable endeavours to advise the Buyer of the Delivery Charges for the transit of the Stock at the point that the contract for the sale of the Stock is made. In the event that there is a variation in the amount of these Delivery Charges we shall advise you as soon as is practicable. No variation in the amount of the Delivery Charges will entitle the Buyer the right to rescind the contract of sale or treat the same as discharged.
6.8 The Delivery Charges arranged by Cycleon-Recare shall be calculated by reference to prevailing market rates together with a reasonable mark up thereon to take into account Cycleon-Recare's reasonable administration fees for facilitating the delivery arrangements in accordance with this clause 6. If requested Cycleon-Recare will also arrange risk insurance for the goods in transit on behalf of the Buyer at prevailing market rates together with a reasonable mark up thereon to take into account Cycleon-Recare's reasonable administration fees for facilitating the delivery arrangements in accordance with this clause 6.
(a) Cycleon-Recare collects personal information about you through your use of the Services and the Website, including:
- your registration details; and?
- information relating to your use of the Website and the content you access.
(b) You agree that Cycleon-Recare may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Cycleon-Recare products and Services to you, and for any other use that you authorise.
(c) We will not sell or allow third parties to access your personal information without your consent, however you agree that Cycleon-Recare may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms and Conditions at any time.
7.2 Cycleon-Recare privacy guidelines:
(a) Use of information
Cycleon-Recare does not sell your personal identification to third parties.
We release account and other personal information only when we believe release is appropriate to comply with law, enforce or apply our Terms and Conditions, or protect the rights, property, or safety of Cycleon-Recare, our users, or others.
It is the policy of Cycleon-Recare to send our Members commercial communication through email, in addition to customary business communications (payment confirmations, etc.). Further, it is our policy to immediately remove any Member from any mailing list upon the Member's request to unsubscribe from the commercial communications.
(c) Membership details
Our site's registration form requires you to provide us contact information. We may use your contact information from the registration form to send you information about our company and promotional material from some of our affiliated partners. Your contact information is also used to contact you when necessary.
(d) Profile updates
Cycleon-Recare provides you with ways in which you can alter your personal data, including changing your email address, password, phone number.
(e) Password security
(f) Membership termination
If you wish to terminate your Membership of the Website for any reason, simply send us an email requesting to be removed.
8.1 Service availability:
Cycleon-Recare will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Cycleon-Recare takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or Services being unavailable. Further, Cycleon-Recare assumes no responsibility for the corruption of any data or information held by Cycleon-Recare.
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.
8.3 Legal jurisdiction:
These Terms and Conditions are governed by the laws of England and Wales. You submit to the non-exclusive jurisdiction of the Courts of England and Wales. The parties agree and acknowledge that any legal dispute arising out of these Terms and Conditions will be dealt with by the High Court of Justice.
8.4 Force Majeure:
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
8.5 No 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.
8.6 Protection of intellectual property:
Cycleon-Recare (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings).
You may not without our prior written permission, in any form or by any means:
(a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
(b) commercialise, copy, or on-sell any information, or items obtained from any part of the Website.
8.7 Entire agreement:
These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions.