Fabricjam Help

User Agreement


Authenticity disclaimer

We are committed to keeping Fabricjam a safe, ethical place to trade.
 
Before you can list any item, you must (by clicking the box provided) agree to the following terms:
 
I take full legal responsibility for the item I am listing and verify that the item is neither of the following;

  • Counterfeit
  • Fake
  • Unauthorised Replica
  • Unauthorised copy
  • Stolen

I also certify that I have the right to distribute the item or images which I upload, and that they do not infringe on any copyrights, trademarks or other rights. I take full legal responsibility for all content which I upload or any text that I write on Fabricjam and for any items which I sell.
 
Warning: Items may be removed for violations of the Listing Policies. Violation of our listing policies and terms of use may result in a formal warning, temporary suspension or account closure.
 
Note: Even if you offer to give away for "free" (rather than sell) a prohibited, questionable, or infringing item, this will not relieve you of potential liability. This applies to both seller and buyer.
 
Remember: If an item is illegal, buyers may be subject to liability for purchasing the item.

User Agreement

The following describes the terms on which Fabricjam offers you access to our services.

Introduction

Welcome to Fabricjam. These terms and conditions apply to the services available from the domain name www.fabricjam.co.uk and www.fabricjam.com . You are contracting with fabricjam.com 82a Park Lane, SM6 0TL . In this User Agreement, all Fabricjam contracting parties are known as "Fabricjam", "we", "us" or "our".

Your use of our services is ruled and regulated by the following terms and conditions, including the additional terms which are referred to in the "Additional terms" section below (which are accessible by click-through links. Before you can become a member of Fabricjam, you must read though carefully and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. The User Agreement constitutes a legally binding agreement between you and Fabricjam.

This User Agreement is valid from 20 May 2008 and is effective upon registration for new users.

Using Fabricjam

You may not use the Site or open an account if you are under the age of 18 or you are not able to form legally binding contracts, or if your Fabricjam membership has been suspended or closed.

While using the Site, you will not:

  • post, list or upload content or items in inappropriate categories or areas on the website;
  • breach any laws, buy or sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of any third parties;
  • breach our policies including our terms and policies that are stipulated within the help section
  • decline or fail to pay for items purchased by you, unless the seller materially changes the item's description after you have placed a bid on the item, a clear typographical error has been made, or you cannot authenticate the seller's identity;
  • decline or fail to deliver items purchased from you, unless the buyer fails to meet your displayed listing terms, or you cannot authenticate the buyer's identity;
  • manipulate the price of any listed item or interfere with other users' listings;
  • circumvent or manipulate in any way Fabricjam's fee structure, the billing process, or fees owed to Fabricjam;
  • post, list or upload false, inaccurate, misleading, abusive or defamatory content (including any personal information);
  • take any action that may undermine or be defamatory the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-Fabricjam sites, or using it for purposes unrelated to Fabricjam);
  • transfer your Fabricjam account (including feedback) and User ID to any other party without our consent;
  • distribute or post any kind of spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Fabricjam, or the interests or property of any Fabricjam users;
  • copy, modify, or distribute Fabricjam's copyrighted works or trademarks, or any content from the Site, without our express consent; or
  • Collect information about users, including their email addresses, without their express consent.

You agree to:

  • Complete all transactions in full where you have won an auction or agreed to buy an item at a fixed price. Completion of a transaction includes: Paying in full for the item and it's postage and packaging costs within a reasonable period of time (usually 3 working days, or longer if agreed to by the seller) using one of the payment methods stipulated by the seller
  • Treat members of Fabricjam with respect and refrain from directing any kind of abuse toward any member of Fabricjam
  • Trade fairly and in an ethical manner

Business sellers:

If you are registering with Fabricjam as a business entity, you represent that you have the authority to legally bind that entity. It is entirely your responsibility to investigate and act in full accordance with the laws in your particular jurisdiction including (but not limited to) the following area's:

  • Returns;
  • Consumer Protection;
  • Warrantees;
  • Business Services;
  • Consumer legal rights;
  • Consumer VAT;
  • Duty and VAT liability
  • Your own tax obligations

We will commence supplying our services to you on registration of Fabricjam where you will be required to accept this User Agreement before registration can be accepted. Unless you and Fabricjam agree otherwise, you will be unable to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of Fabricjam's services has commenced.

Abusing Fabricjam

Fabricjam work to maintain a safe, ethical, enjoyable place to trade online. Please report problems, any offensive content, and any kind of policy breaches to us. If you believe that your rights have been infringed, please notify us, and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, temporary suspend, or fully terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn Fabricjam users not to transact with you and/or take technical and legal steps to stop you from using the Site if:

  • we think that you are creating problems (including, without limitation, by harassing Fabricjam staff or Fabricjam users) or causing us or another Fabricjam user financial loss or legal liabilities;
  • we think that you are acting inconsistently with the terms set out in this User Agreement or our policies;
  • despite our reasonable endeavours, we are unable to verify or authenticate the personal or payment information you provide to us; or
  • you earn a net feedback rating of -2.

We reserve the right to cancel unconfirmed accounts.

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

No spam

We do not tolerate spam on Fabricjam (unsolicited commercial communications). You may not add other Fabricjam users, even a user who you have traded with, to your mailing list (e-mail or physical mail) without their express consent.

You may not use our communication methods to send spam or otherwise send content that would breach our User Agreement. We may filter and automatically scan e-mail messages before they are sent via Fabricjam for viruses and other illegal or prohibited content but we do not permanently store such messages.

To report spam from other Fabricjam users, please contact us.

Using information about other Fabricjam users

Fabricjam enables users to share personal and financial information for the purpose of completing 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 some financial information. It is impossible for us to guarantee that other users will respect the privacy or security of your information; therefore we request and encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions with them and choosing to share your information with them. We also ask you to respect other users' privacy and disclose your privacy and security policies to them. In every case, you must give other users a chance to remove themselves from your database and on request, a chance to review any information you have collected about them.

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

  • Fabricjam-transaction-related purposes that are not unsolicited commercial communications or spam
  • using services offered through Fabricjam; and
  • other purposes that a user expressly consents to.

Fees

Registering with Fabricjam and bidding on listed items is completely free. We charge a fee of 3.5% of the final value of your sale. Any potential changes to the fees will take effect 14 days after we notify you of them either by email, or via "My Messages", or via a posting on the Site's announcements board. We may choose to temporarily change the fees for our services for special promotions, or to offer new services, these changes are effective when we post the temporary promotional event or new service on our Site

Unless otherwise stated, all fees are payable in GB pounds sterling. You are soley responsible for paying all fees and applicable taxes (including any value added tax) associated with Fabricjam in a timely manner with a valid payment method. If your payment method fails or your account is overdue and our requests for payment are ignored, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.

Content licence

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademarks, database rights and all other 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. (We need these rights to host and display your content.)

Liability

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 not hold Fabricjam responsible for any users' actions or inactions. Although Fabricjam is an online auction web site, you acknowledge that we are not in a sense a traditional auctioneer. Instead, Fabricjam is an online venue which provides a place to allow anyone to offer, sell, and buy items within our stated categories, at any time, from anywhere, in a variety of methods, including auction-style and fixed price formats. At no point do we ever have possession of anything listed or sold through the Site.

We do not review all user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold Fabricjam responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off Fabricjam) or for ensuring that they fully complete transactions.

We have no control over, do not guarantee, and you will not hold us responsible for:

  • the quality, safety or legality of items sold or advertised on Fabricjam;
  • the truth or accuracy of items sold or advertised on Fabricjam;
  • the truth or accuracy of feedback or other content written by users on the Fabricjam;
  • the ability of sellers to sell items and complete the transaction in the way they promise;
  • the ability of buyers to complete a transaction and pay for an item

Please do not assume without personally checking that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on Fabricjam as we are not party to any actual transactions.

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

Although we use technologies that aim to verify the accuracy and truth of the information provided by our users, complete user verification on the internet is difficult. Fabricjam 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 other users.

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

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not and 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 out of your use of Fabricjam.

Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.

Release

If you have a dispute with one or more users, you release us (and our 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

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

You also 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 the Site unless you have the prior expressed written permission of Fabricjam and the appropriate third party, as applicable;
  • interfere or try to interfere with the proper working of the Site or any activities conducted on or within the Site; or
  • bypass our robot exclusion headers or any other measures we may choose to use in order to prevent or restrict access to the Site.

Privacy

We do not and will not sell or rent your personal information to third parties for their marketing purposes unless we have your express consent. We will use your information only as described in the Fabricjam Privacy Policy. Protection of users' privacy is important to us. We store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. This venue may be subjected to change however the protection principle will always remain. You may access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Fabricjam Privacy Policy. If you have any objections to your information being transferred or used in this way please do not use our services.

Compensation

You agree that you will only use the Site in full accordance with the terms and conditions set out in this User Agreement. You agree to compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.

No agency

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

Notices

Except as explicitly stated otherwise, notices to Fabricjam shall be sent by registered mail to Fabricjam.com, 82a Park Lane, Wallington, SM6 0TL. We will send notices to you either by e-mail or by registered mail, or both, to the email address or postal address that you provide to Fabricjam when you registered as a member of Fabricjam. Any notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive an invalid e-mail address notice. Notices that are sent to either party by registered mail shall be deemed to have been received by that party 4 days after they have been sent.

Third party rights

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 however 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.

Governing law and dispute resolution

This User Agreement will be governed by and construed in accordance with English law. You and Fabricjam both agree to submit to the non-exclusive jurisdiction of the English Courts.

If a dispute arises between you and Fabricjam, we strongly encourage you to first seek a resolution by contacting Fabricjam. Alternatively you may address complaints to Fabricjam.com: 82a Park Lane, Wallington, Surrey, SM6 0TL. We will always consider any reasonable requests to resolve any disputes through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Additional terms

Please read through each category in our help section. They act to provide additional terms and conditions related to the use of Fabricjam. We expect you to read through our help section carefully before completing your registration:

Each of the policies within this agreement or our help section may be changed in order to further improve our service from time to time. Changes will take effect when we amend our policies on the site. When using a particular service on our Site, we strongly advise you to check whether the applicable policy or rule has been amended. You will be bound by the latest version our policies or rules. All such policies or rules are hereby incorporated into this User Agreement.

General

If any provision of this User Agreement is held to be invalid or unenforceable, such parts shall be deleted and the remaining provisions shall be enforceable.

Using our sole discretion, we might assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to yourself as a user.

Section headings serve as a reference purpose only and do not limit the compass or range of the sections.

Our failure to act with respect to a breach by you or others does not relinquish our right to act with respect to subsequent or similar breaches by yourself or another user.

We may amend this User Agreement at any time in order to improve our service. We will do so either by e-mail, via "My Messages" or by amending terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are first posted on the Site. This User Agreement may not be amended other than already stated except in a writing signed by both you and us.

This User Agreement sets forth the entire understanding, arrangement and agreement between us with regard to its subject matter.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.

Should you have any further questions relating to this user agreement, Please refer to our FAQ or user our help menu. If you still cannot find what you are looking for, please contact us and we will endeavour to satisfy your query.


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