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Please read this carefully. By accessing this website ('Website') you are agreeing to the terms and conditions that appear below. Additional terms and conditions apply in respect of the Auction, Haggling, Group Buy and Fixed Price services, to which you also agree to be bound if you use those services. 1. Introduction By accessing the Website you confirm that you are an individual of at least 18 years of age, or, if under 18, that you are accessing the Website with full parental/guardian consent. In making use of the Website you agree to abide by any and all of the following terms and conditions governing use of the Website ('Acceptable Use Policy'). No charge is made by News International plc for your use of the Website, though you should be aware that local telephone call charges at rates as publicised by your telephone operator may apply. 2. Acceptable Use Policy You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others. All material on the Website and any material sent to you by e-mail or any other form ('the content') belongs to us or our licensors. You may retrieve and display content from the Website on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal, non-commercial use. We own the copyright and all other intellectual property rights associated with the content, save where otherwise stated. Except as specifically stated in these terms and conditions, you are not permitted to do any of the following without prior written permission from us:
You agree not to:
We retain the absolute right to prevent you accessing the Website, without prejudice to any of our accrued rights, where we in our sole discretion consider that you are contravening our Acceptable Use Policy or any other aspect of these terms and conditions. 3. Registration Where the Website requires that you register, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate. Registration is for a single user only. On registration, you should choose a user name and password. We do not allow any of the following:
When you register, you will be obliged to click on an icon indicating that you have read, understood and accepted these terms and conditions and any other terms specific to the Website. You will not be allowed to register unless you indicate your acceptance of these terms and conditions and any other terms that may apply. 4. E-mail Policy We will not respond unless required to do so by law to any electronic mail ('e-mail') which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material. If we decide to publish an e-mail from you on the Website we will incur no liability to you by doing so, unless you clearly state that the material contained in your e-mail has been submitted for the purposes of negotiating a fee for the publication of that material. In that event you must include your name, address and a contact telephone number in your e-mail. We will not disclose under any circumstances any personal information of any News International plc and/or any of its associate companies' staff. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately and if you are unsure of the correct destination for your e-mail please contact us at customerservice@firedup.com 5. Liabilities You agree that we have no control over third party content and information which can be accessed using the Website and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that except for death or personal injury arising through our negligence, we shall not be liable whatsoever for any loss or damage arising from use of the Website. You furthermore agree to indemnify us in the manner set out below in relation to your use in any way of the Website. We reserve the right to remove any information/material we deem to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations. We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems. Unless otherwise stated, we make no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Website, whether accessed directly or otherwise. We provide the Website on an 'as is' basis and make no representations or warranties of any kind as to the Website or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Website. Any liability, however it occurs, for any inaccuracies or errors is expressly excluded to the fullest extent permitted by law. 6. Indemnity You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages and costs of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any other of these terms and conditions. 7. Third Party Software We are not responsible for any technical or other issues that may arise if you download software from external third party websites (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Website. 8. Changes To These Terms And Conditions We reserve the right to make changes to these terms and conditions. If we change these terms and conditions, we will notify you by providing a clear link within the Website to the detailed changes. If you use the Website after we have published or notified you of the changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Website. 9. Advertising And Sponsorship The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Please refer to our privacy policy for the use of cookies in relation to targeting potential advertisers. 10. Competitions And Prize Draws We may from time to time run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time. 11. Termination We may terminate the provision of the Website or restrict your access to it without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website; (2) any event beyond our reasonable control prevents us from continuing to provide the Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the services provided by the Website or are otherwise acting in breach of these terms and conditions. As this is a shared service with other users, you agree that if the demand for the services provided by the Website is in excess of our ability to meet the capacity, we may either share the capacity among all users or we may give you notice by e-mail that the provision of the Website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination. 12. Additional Services From time to time we may provide games or other content for your downloading. The download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same. However, we will use our best endeavours to notify you of the size/amount of the file/data and the likely download time for your information. 13. E-commerce Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third parties. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in these terms and conditions in relation to such dealings. 14. Choice Of Law And Jurisdiction These terms and conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business. 15. General You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms and conditions will be unaffected. If either party does not exercise any right or remedy under these terms and conditions, this will not be taken to mean that they have been waived. 16. Contact If you have any queries concerning any part of these terms and conditions, please contact us at customerservice@firedup.com TERMS AND CONDITIONS FOR USE OF AUCTION, HAGGLING, GROUP BUY AND FIXED PRICE SERVICES1. General By registering to use any of the Auction, Haggling, Group Buy or Fixed Price services you: (a) confirm that you are legally able to enter into contracts to buy the goods and services appearing on the Website. For an individual, this means that you must be at least 18 years old; (b) undertake to register on the Website using your correct name and address and any other requested details, including details of a credit/debit/charge card ('Credit Card'); (c) confirm that you are entitled to use such Credit Card at the time of registration and at the time of any subsequent use on the Website, and that sufficient funds are available on such Credit Card to cover all charges incurred on it in the course of any transactions entered into by you on the Website; (d) agree to notify us with any updates to this information, as soon as it changes. All those selling goods or services on the Website ('Merchant(s)') use Secure Socket Layer (SSL) to protect your Credit Card information and assist your on-line purchasing experience. However, if you transmit information other than on SSL by e-mail or other internet link, any losses incurred or sustained by you shall be your sole responsibility and in no event shall we or Merchant have any responsibility for any such losses. If you are using a public computer we suggest you log off when you have finished shopping. If you discover that goods or services have been ordered using your Credit Card by someone not authorised to do so, Merchant will refund to you the money it receives from such order provided that: (a) you tell your credit card company and Merchant of the unauthorised purchase as soon as you discover it; (b) you co-operate with your credit card company, Merchant and, if necessary, the police on such unauthorised use; and (c) if you have already taken delivery of the goods, you co-operate in making them available for collection by Merchant, unless Merchant comes to alternative arrangements with you. Details of relevant Merchants will be listed on the Website. From time to time we may be the provider of the goods and services in question and only in such circumstances shall we be treated as the 'Merchant'. When acting as Merchant, we reserve the rights and accept the obligations and liabilities of the Merchant as set out in these terms and conditions. We shall make it clear on the Website when we are acting as the Merchant. 2. Goods And Services Available 2.1 We do not pre-screen the goods and services available through the Auction, Haggling, Group Buy and Fixed Price services but we reserve the right to remove any that do not meet our standards or comply with any applicable legislation, license or code of conduct. 2.2 We reserve the right to close early, extend, cancel, withdraw listings or terminate the Auction, Haggling, Group Buy or Fixed Price services where we have compelling legal or technical reasons for so doing, including, without limitation, technical difficulties experienced by us, Merchant or on the Internet. Where practicable, we shall try to provide reasonable advance notice to you of any such steps we take. We are not bound contractually, or in any other way, required to offer any of the Auction, Haggling, Group Buy or Fixed Price services to you or any third party. 2.3 We reserve the right to suspend or terminate any Auction, Haggling, Group Buy or Fixed Price service for Merchant's goods or services if you and/or Merchant appear to us, in our sole opinion, to be in breach of any of the provisions of these terms and conditions including the provision of false registration details or any other misuse of this Website. If you are suspended from this Website or your account terminated you are not permitted to re-register to use the Website without our prior written consent. 2.4 All goods and services are subject to availability and Merchant reserves the right to refuse to supply to any individual or company for whatever reason. 3. Auction 3.1 Subject to reaching the notified reserve price, we may accept a bid placed by you, or any person authorised to use your account, in an Auction before the date/time stipulated for the close of the Auction. A bid placed during an Auction is an indication of the price which you/the authorised person, is offering and prepared to pay to acquire the goods or services which are the subject of that Auction. 3.2 The winning bid in an Auction will be the highest bid or bids which exceed any reserve price and meet any other express conditions of the relevant Auction. All Merchants are required to abide by this principle. If any bids are removed by us for any reason, Merchant is obliged to accept the highest remaining bid. If your bid is the highest when the time for bids to be submitted ends, we will send you an e-mail confirming acceptance of your offer. For the avoidance of doubt, all unsuccessful bids will lapse after closure of the relevant Auction which shall take place once the bidding has closed and the winning bidder's payment details have been verified and confirmation of payment obtained. 3.3 You must not bid in a way that is manipulative of an Auction. 3.4 Goods and services are offered subject to a Merchant's reserve price. 3.5 We may in our absolute discretion refuse or remove bids or remove from sale goods and services which fail to attract bids above the reserve price or which are withdrawn by the Merchant. 4. Haggling 4.1 The Haggling service is offered on the same terms as applied to the Auction service save as set out below. 4.2 A Haggle shall only be successful if the price offered by you, or any person authorised to use your account, to acquire the goods or services the subject of the Haggle is accepted by us. We shall only be treated as accepting your offer if we send you e-mail confirmation that your payment has been confirmed. 4.3 Following notification of acceptance of your offer, you will have a period of 72 hours from such notification in which to decide not to proceed with the offer made for the goods or services when you were Haggling. If we do not receive any such notification within such 72 hour period, your offer will be accepted by us acting as Merchant's agent and you will be notified via your details as supplied to us that a binding agreement between you and Merchant has come into existence. 5. Group Buy 5.1 Where 'Group Buy' applies to goods or services, the price of those goods or services will be reduced on a sliding scale depending on the number of bidders participating in the Group Buy. 5.2 The date/time stipulated for the close of the Group Buy will be indicated on the Website. 5.3 The lowest price at which the Merchant is prepared to offer the relevant goods or services ('Merchant's Lowest Price') will be indicated on the Website. 5.4 We may accept a bid placed by you, or any person authorised to use your account, prior to the close of the Group Buy. 5.5 On joining the relevant Group Buy, you or any person authorised to use your account, may elect to bid for the goods or services either at the Merchant's Lowest Price only or at the price to be determined by the sliding scale ('Sliding Price'). 5.6 If the target number of bidders for the Group Buy, as indicated on the Website, is reached prior to the date/time stipulated for the close of the Group Buy, the Group Buy shall close immediately and the goods or services the subject of the Group Buy will be sold to all bidders at the Merchant's Lowest Price. 5.7 If at the time/date stipulated for the close of the Group Buy the number of target bidders is not reached, the Sliding Price shall immediately become fixed and the relevant goods or services the subject of the Group Buy shall be sold at the fixed price to all those bidders who elected to place bids based on the Sliding Price. 5.8 On registering to join a Group Buy you will be asked for your Credit Card details in order to verify that your Credit Card is valid. If your Credit Card is approved, we will confirm to you by e-mail on behalf of the Merchant that your bid has been accepted. Only on confirmation from us by e-mail that your bid has been accepted will a contract between you and the Merchant come into existence. 5.9 If you have elected to join a Group Buy only at the Merchant's Lowest Price and this is not reached by the date/time stipulated for close of the Group Buy, then your Credit Card will not be charged. 6. Fixed Price 6.1 Some goods or services are advertised on the Website at fixed prices ('Fixed Price Item'). 6.2 An offer placed by you on a Fixed Price Item is an indication of the price which you or any person authorised to use your account is prepared to pay for such Fixed Price Item. 6.3 We shall only be treated as accepting your offer, acting on behalf of the Merchant, if we send you e-mail confirmation that your payment has been accepted. 7. Pricing 7.1 The prices of all goods and services shown on the website are inclusive of United Kingdom Value Added Tax ('VAT'). 7.2 The amount of VAT payable on your purchase will be indicated on the confirmation of purchase e-mail we send you. 7.3 We do not provide VAT invoices and do not act as Merchant's agent for VAT purposes. 7.4 Delivery to countries outside the European Union may incur additional charges for customs clearance on reaching the destination country. You will be solely responsible for paying such costs and we advise you to contact your local customs office for information on charges. 7.5 Delivery costs and delivery restrictions are specified with the description of the goods or services. Unless otherwise stated, Merchant cannot fulfill requests for delivery to an address outside the United Kingdom. 7.6 Unless otherwise stated, all prices are in Pounds Sterling and amounts due are payable in Pounds Sterling. We may from time to time provide conversions into other currencies based on the latest information available to us. While we make reasonable efforts to ensure the accuracy of these conversions, the actual cost to you in your own currency will vary according to the exchange rate received by you at the time of processing the transaction by Merchant with your bank or Credit Card issuer. We take no responsibility for any variance between the conversion figure shown on the Website and that paid by you to Merchant. 7.7 Any other relevant costs information will be stated with the description of the goods or services e.g. stamp duty. 8. Mispricing 8.1 If the correct price of an item is lower than the advertised price on the Website, Merchant will charge you the lower amount and send you the item. 8.2 If the correct price of an item is higher than the advertised price on the Website, Merchant shall contact you for instructions. 9. Description Of Goods And Services Descriptions of goods and services on the Website are provided for Auction, Haggling, Group Buy and Fixed Price by Merchant and are accurate to the best of Merchant's knowledge. We hold no responsibility for any inaccuracies, misleading statements or other incorrect information contained in such descriptions. 10. Delivery 10.1 Merchant will deliver the goods ordered by you to the address you give Merchant for delivery at the time you make your order. 10.2 Delivery will be made as soon as possible after your order is accepted and within 30 days of your order being confirmed (unless otherwise stated). 10.3 You will become the owner of the goods you have ordered when they have been paid for and delivered to you. Once goods have been delivered to you they will be held at your own risk and Merchant will not be liable for any subsequent loss or destruction. 11. Merchant's Terms Of Business Without prejudice to these terms and conditions, the following terms of business apply to any transactions conducted between you and Merchant on the Website. 11.1 Merchant's Obligations
(a) to fulfill the order following payment by you. (b) to specify any delivery restrictions (especially outside the UK) and all delivery costs. (c) to deliver within 30 days from the completion of the transaction. (d) to provide an automatic no-quibble refund if you validly exercise your right of withdrawal from the contract within 7 days of receipt of the goods ordered or confirmation of services requested (provided supply of the services has not already commenced). (e) to deal with all arrangements relating to replacement goods, delivery problems or incorrect quantities supplied. (f) to be solely responsible for VAT matters relating to the Auction, Haggling, Group Buy and Fixed Price services. (g) to comply with data protection legislation relating to your personal data. 11.2 Payment to Merchant
11.3 Acceptance
11.4 Withdrawal By You From The Contract (a) You may withdraw your order for goods or services at any time up to the end of the 7th Working Day (see below for definition) after you receive the goods ordered or after your order is confirmed in the case of services ordered. You do not need to give Merchant any reason for withdrawing your order nor will you have to pay any penalty, but you will be responsible for the costs of returning the goods. (b) The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or those in relation to which you want to withdraw) out of the sealed package in which they were delivered, or have already started taking advantage of the services ordered, as applicable. (c) To withdraw your order you must notify Merchant. (d) If you receive the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, or the 7 Working Days have passed, you must send them back to the Merchant at your own cost and risk. (e) Once you have notified Merchant that you are withdrawing your order, any sum debited by Merchant from your Credit Card will be re-credited to your account as soon as possible and in any event within 30 days of your notification of withdrawal PROVIDED THAT the goods in question have been returned by you and received by Merchant in the condition they were in when delivered to you, or you have not begun to take advantage of the services ordered (as applicable). "Working Day" means every day of a calendar year apart from weekends and English statutory and public holidays. 11.5 Merchant's Liability For Defective or Damaged Goods Or Services, Non-Delivery (a) If the goods or services Merchant delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Merchant shall have no liability to you unless you notify Merchant in writing, within 10 Working Days of the delivery of the goods in question, or immediately in the case of the services in question. (b) If you do not receive the goods ordered by you within 30 days of the date of the e-mail from us confirming your purchase, or the services on the date stipulated, Merchant shall have no liability to you unless you notify Merchant in writing immediately. (c) If you notify a problem to Merchant under this clause, Merchant's only obligation will be, at its option: (i) to make good any shortage or non-delivery; (ii) to replace or repair any goods or services that are damaged or defective; or (iii) to refund to you the amount paid by you for the goods or services in question. (d) Merchant will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Merchant under this clause and Merchant shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question. Nothing in this clause is intended to limit any rights you may have as a consumer under applicable law and does not exclude or limit Merchant's liability to you for any death or personal injury resulting from its negligence. 11.6 Force Majeure
11.7 Representations
11.8 Governing Law And Jurisdiction
12. Exclusion Of Page3.com Shop's Liability 12.1 All transactions conducted via the Auction, Haggling, Group Buy and Fixed Price services are between you and Merchant. Any terms, conditions, warranties or representations made or given before during or after such transactions are solely between you and Merchant and you agree that we are not liable in any way in respect of such transactions. 12.2 We are not liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms and conditions or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention, through your use of this Website, or participation in the Auctions, Haggling, Group Buy or Fixed Price services. 12.3 The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action. 12.4 We give no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programmes. 12.5 The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. 12.6 Without prejudice to the above our liability under these terms and conditions (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sums paid or payable by you pursuant to any transaction made via the Website to which such liability relates, regardless of the cause or form of action. 12.7 Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence. 12.8 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms and conditions by you or through your account. 12.9 Neither we nor the relevant Merchant are liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control. 12.10 The Website contains material submitted and created by Merchants and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material. 12.11 The Website may also contain links to other websites which are not under the control of and are not maintained by us. We are not responsible for the content of those websites. We provide these links for your convenience only but do not necessarily monitor or endorse the material on these websites. 13. Conflict In the event of conflict or inconsistency between the terms of the English version of these terms and conditions and any translation provided by us the English version shall prevail.14. Data Protection Page3.Com will only use any personal data collected during your use of this website in accordance with current UK data protection legislation. Please look at our privacy policy to find out what we propose to do with you data and your options. |
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