Byggfix International Marketplace Terms of Service
1.1 Welcome to the Byggfix International Marketplace Program (“Program”). This Program is an additional service provided by eStore XL Ltd and its affiliates (“Byggfix”) to Byggfix-registered Sellers based outside of United Kingdom who are not registered as a business in their country of origin (“NB Seller”).
1.2 Through the Program, NB Sellers may have their products made available for sale on and through the website, https://Byggfix.com, or any other internet domain property of Byggfix or its affiliates (hereinafter collectively referred to as “Byggfix Site”).
1.3 This Byggfix International Marketplace Terms of Service is intended to cover the activities provided by Byggfix to NB Sellers under this Program including, without limitation, collecting, reconciling and executing all transactions between NB Seller and a buyer under this Program. If you are a NB Seller, you will be deemed to have consented to the terms and conditions of the Byggfix International Marketplace Terms of Service and other Byggfix Polices, of which these Byggfix International Marketplace Terms of Service forms a part, by your continued participation in the Program. These Byggfix International Marketplace Terms of Service supplement the Terms of Service and the other Byggfix Policies – please read the Terms of Service and the other Byggfix Policies available on the Byggfix Site as they contain important information regarding your rights and obligations. Any terms that are used in these Byggfix International Marketplace Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Byggfix Policies. All terms and conditions described in these Byggfix International Marketplace Terms of Service are subject to change at Byggfix’s discretion pursuant to the Terms of Service.
1.4 Byggfix reserves the right to change, modify, suspend or discontinue all or any part of this Program at any time or upon notice as required by local laws. Byggfix may release certain services of the Program or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Byggfix may also impose limits on certain features or restrict your access to parts of, or the entire, Program in its sole discretion and without notice or liability.
1.5 In the event of any discrepancies between the terms in the Byggfix Policies and this Byggfix International Marketplace Terms of Service, this Byggfix International Marketplace Terms of Service shall continue to apply.
- Sale of items on Byggfix Site
2.1 Upon the sale of an item under this Program on the Byggfix Site: (a) NB Seller agrees to sell the item to Byggfix; (b) NB Seller shall, at its sole cost, arrange to have the purchased item delivered to an address notified by Byggfix to the NB Seller; (c) NB Seller shall provide the name of the delivery company, tracking number, and other relevant information relating to the order to Byggfix; (d) Byggfix shall re-sell the item to the buyer and collect the United Kingdom Listing Price from the buyer in British Pounds; and (e) Byggfix shall remit the sale proceeds to the NB Seller (less any applicable fees, charges, commissions and other deductions).
2.2 The order shall be subject to reasonable inspection by Byggfix and Byggfix may reject any products that are defective, not in accordance with the requirements under the Order, are reasonably believed to be counterfeit or otherwise breach the Terms of Service or Byggfix Policies.
- Obligations, Representations, and Warranties
3.1 Nothing in this Byggfix International Marketplace Terms of Service shall release the NB Seller from any of its obligations, liabilities, representation or warranties to a buyer pursuant to the Terms of Service, Byggfix Policies or by operation of law in relation to its products.
3.2 For avoidance of doubt, any fees applicable to NB Seller as provided in the Terms of Service and the Byggfix Policies, shall continue to apply.
3.3 You agree to indemnify, defend and hold harmless Byggfix, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, an employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Byggfix Site, or any dispute in relation to such transaction, (b) the Byggfix Guarantee, (d) your violation or breach of any term of these Byggfix International Marketplace Terms of Service or any policy guidelines referenced herein, (e) your use or misuse of any of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
Last updated: 16 January 2023