USER AGREEMENT - TABLE OF CONTENTS

  1. General Site Terms
  2. General User Terms
  3. Seller's Obligations
  4. Buyer's Obligations
  5. Blog & Forum Rules
  6. Standard Returns Policy

 1. General Site Terms

  1.1.

Liquidate Mate UK ( the 'Company', 'We' ), operator of domain www.thebiggestclearance.com and other The Biggest Clearance branded websites and applications ( together the 'Site', 'Website' ), provides access to its services ( 'Service' ) to individuals, sole proprietors, partnerships, businesses and corporations ( 'User' or 'You'), or in the appropriate circumstances 'Seller' or 'Buyer', subjects to the following terms and conditions ( the 'User Agreement' ).

Liquidate Mate UK provides an online marketplace to enable Sellers to sell their stock and products to Buyers.

As a condition of using the Site and Services, we require that you review and accept this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you or the business you represent ( 'You' ), the Site and the Company.

By registering to use the service, you ( on behalf of yourself or the business you represent ) accept and agree to be bound by the terms and conditions of this user agreement. If you do not agree to accept the terms of this user agreement, you may not access or otherwise use the services or the site.

We are registered sole proprietor and have our registered trading office at 36 / 88-90 Hatton Garden, London, EC1N 8PN, United Kingdom

  1.2. - Amendments to the User Agreement

This User Agreement may be amended in whole or in part by the Company from time to time. Amendments will be effective immediately upon posting of the amended User Agreement on the Website and announced by email to all Registered Users. You are responsible for ensuring you are familiar with the latest User Agreement. Your continued use of the Website represents your agreement to be bound by the User Agreement as amended.

  1.3. Changes to Site and Services

The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Site and Services, including, but not limited to, content, features, news and information, and product categories without notice.

We retain the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited.

  1.4. Intellectual Property

Company intellectual property ( 'Company IP' ) is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site or Services. Company IP may be created by one of more of Company's employee(s) alone or jointly with a User or Users arising from the use and development of the Services or as a result of User's feedback regarding the Site or Services ( 'Feedback' ). All rights, title and interest in any Company IP shall belong to Company and shall be subject to the conditions of this User Agreement.

User hereby irrevocably assigns to Company all right, title and interest User may acquire in any Company IP. Company may, at its option, file an application for intellectual property protection for Company IP. If any such Company IP is created with User's participation, User agrees to cooperate with Company to assure that such application(s) will cover, to the best of User's knowledge, all related assets, including all features of commercial interest and importance. Company IP is the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company.

  1.5. Trademarks

The Site and the Company's trade names, domain names and logos found on the Site are trademarks or service marks of Liquidate Mate UK. No display or use of such marks may be made without the express written permission of the Company.

  1.6. Monitoring Content etc.

We may, in its discretion, but is not obligated to, monitor material, content and information on the Site, including, but not limited to seller listings, user message conversations, other features and activities and feedbacks to determine compliance with the terms and conditions of this User Agreement and current and future operating procedures and rules of conduct established by the Company.

The Company may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out the terms of this User Agreement, to protect the rights of the Company, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, information, or court order submitted or transmitted to the Company.

The Company reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a User which may, in the Company's sole discretion, violate any state, federal or local law or violate any aspect of this User Agreement or in order to limit Company's liability. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company's Site.

  1.7. Processing Payment Information

The Company guarantees that banking or credit card information will be processed by an independent and secure third party. All payments are made through a secure socket layer (SSL), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that the data you provide us is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.

  1.8. Fraud

The Company reports instances of credit card fraud to the police and prosecutes offenders to the full extent of the law. Credit card fraud includes any instance where a buyer has charged back their credit card payment and maintains possession of the merchandise.

  1.9. Third Party Links

The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Company is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Company endorses the linked site. User uses the links at User's own risk.

  1.10. Assignment

This User Agreement may not be assigned by User or by operation of law to any other person, persons, firms or corporations without the express written approval of the Company.

  1.11. Jurisdiction

This User Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to the conflicts of law provisions thereof, and, to the maximum extent permissible, without reference to that body of law. Both parties submit to the exclusive jurisdiction of the English Courts. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this User Agreement or any of the matters contemplated hereby is waived.

The authentic language of this User Agreement and subsidiary or associated documentation shall be English and any translations if provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail. You agree we may communicate with you in English during the term of this Agreement.

  1.12. Severability

If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.

  1.13. Interruption of Service

User understands that the Company shall take all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online Site's auctions or sales. User understands that the Site may be unavailable unexpectedly as a result of circumstances beyond its control or routine maintenance. User agrees not to attempt any action which may disrupt the Company's Site and Services, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company's programs or infrastructure.

We cannot guarantee continuous or secure access to our services, and 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 we do not give any promises or warranties (whether express or implied) about the availability of our services.

  1.14. Record Keeping

The Company cannot guarantee the preservation or maintenance of records relating to historical transactions and activity and encourages User to keep individual records and an accounting of all activity conducted through the Company's Site.

  1.15. Limitation of Liability

A) We (including our parent, subsidiaries, affiliates, officers, 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 out of your use of our Site.

B) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY A LISTED ASSETS OR (b) DEFECTS IN SUCH LISTED ASSETS ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY.

C) WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.

  1.16.

The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this User Agreement is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain Users.

 2. General User Terms

  2.1. Registration

To begin the enrolment process, you must complete the registration process for use of the Services. You are not permitted to use the Website if you are under the age of 18 or you are not able to form legally binding contracts. As part of your application, you must provide us with your (or 'your business') legal name, address, phone number and e-mail address.

We reserve the right to review and verify the information provided in your registration application and, at its sole discretion, review the status and compliance of any User with the terms of this User Agreement and to postpone, reject your registration approval or suspend or terminate a User's use of the Site and Services without notice.

When we have notified a User that their registration form has been approved, such User will become a 'Registered User' and shall be permitted to use the Site and Services.

  2.2. Username and Password

You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. Username may not be profane, obscene, or violate any website guidelines. Username may not be an email address, telephone number, fax number or web address (URL). You agree not to furnish your username, password or other information to any other party for use of the Site and Services. You agree to notify the Company immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services.

  2.3. User Information

Each User agrees that all of the information provided in their registration application is timely, true and correct, including, but not limited to, the User's legal name, address, phone number, fax number, e-mail address, and other personal and business information. You agree to promptly notify the Site should the User information provided need to be updated, changed or deleted. Any requested changes to the shipping / delivery or trading address must be made before the payment has been applied to the pending transaction. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your use of the Services.

  2.4. Use of the Site

The technology, software, and data underlying the Site are the property of the Company or the Company's affiliates or partners. As a User, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our Site. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

  2.4.1.

Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:

A) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;

B) post, list or upload content or items in inappropriate categories or areas on the Site;

C) breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;

D) breach our policies;

E) fail to pay for items purchased by you, unless the seller materially changes the item's description or information after you bought the item, a clear typographical error is made, or you cannot authenticate the seller's identity;

F) fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;

G) manipulate the price of any item or interfere with other users' listings;

H) circumvent or manipulate the site's fee structure or the billing process;

I) post, list or upload false, inaccurate, misleading or defamatory content (including personal information);

J) take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-The Biggest Clearance sites, or using it for purposes unrelated to the Site);

K) transfer your Site's account (including feedback) and User ID to another party without our express consent;

L) distribute or post spam, chain letters, or pyramid schemes;

M) distribute viruses or any other technologies that may harm the Site, or the interests or property of Site's users;

N) copy, modify, or distribute Company's copyrighted works or trademarks, or other content from the Site, without our express consent; or

O) collect information about users, including email addresses, without their express consent.

  2.4.2.

Without limiting the foregoing, you agree to be bound by following terms:

A) all Listings 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) where you are permitted by us to upload your own Listings, you shall not list your email address, phone number or any other contact details within the Listings, Listing comments and/or questions or in your Member profile;

D) all tax obligations are the responsibility of the Seller and/or the Buyer ( as the parties determine );

E) you must not complete a transaction outside of the Website. Attempts by you to avoid fees, including through multiple memberships, premature listing closure, direct payments (other than as permitted by us ) , may result in TheBiggestClearance.com suspending or terminating your access to the Website at our discretion and without a notice to you or may lead to other compensation as outlined in clause (C) of 4. Buyer's Obligations;

F) you must not use the Services or the Website to promote Stock for sale outside the Website;

G) TheBiggestClearance.com Memberships are not transferable and therefore cannot be sold or traded;

  2.5. Unauthorized Access

Unauthorized access to the Company's sites is a breach of this User Agreement and a violation of the law. You agree not to access the Company's sites by any means other than through the interface that is provided by the Company for use in accessing its sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Company's sites except those automated means that have been approved in advance and in writing by the Company.

  2.6. Termination

User may discontinue use of the Site and Services at any time upon a written request or a notice to Company. Upon termination, User is obligated to immediately cease using the Site and Services. The Company expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of the Company, for any reason and without notice.

  2.7. Licence

You grant us a royalty-free, non-exclusive, worldwide, irrevocable right and licence during the Term and for as long thereafter as you are permitted to grant the said licence under applicable Law to use, reproduce, perform, display (public communication), distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using the standard functionality and interface made available to; provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

  2.8. Representations

You represent and warrant to us that:

A) if you are a business, you are duly organized, validly existing and in good standing under the laws of the territory in which your business is registered;

B) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licences and authorizations you grant hereunder; and

C) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

  2.9. Your liability for transactions conducted:

Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that TheBiggestClearance.com takes no responsibility or liability for the misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you.

TheBiggestClearance.com 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.

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

  2.10. Transactions concluded through the Site

We act as an agent for Sellers and Suppliers who are offering for sale via our site products ( 'Stock' )which are discounted from their recommended retail price. Any contract for the supply of goods entered into will be between the Buyer and the Seller/Supplier who is offering the relevant product.

The Supplier's terms and conditions can be viewed on our website within the relevant product detail. You should carefully review the Supplier's terms and conditions applying to the transaction.
If you do not agree to be bound by the Supplier's terms and conditions you should refrain from making any orders to purchase.

  2.11. Orders / Purchases

A contract will only be formed between the Buyer and the Seller when the Seller accepts Buyer's order to purchase the product;

If an order to purchase the product is accepted by the Seller, a contract of sale will be formed between the Buyer and the Seller directly;

Seller agrees that TheBiggestClearance.com acts as an agent for the Seller and is authorised by the Seller to enter into contracts with the Buyers for the sale of the product.

Seller agrees to give us the authority to enter into contracts with the Buyers to sell the Stock on these terms on behalf of the Sellers and to take payment for the Stock on their behalf.

  2.12. SafePay - Payment Collection

Site uses its own payment processing service and payment collection service - SafePay. SafePay by TheBiggestClearance.com works on the basis of an escrow service where Buyer transfers the payment in full including VAT and shipping charges where applicable onto Company's secured holding bank account.

Here the funds will be held until Buyer confirms a satisfactory receipt of the goods to the Company. Buyer is provided with a link to an online Collection / Receipt form that can be easily signed and submitted to us.

After delivery / collection of the purchased goods, Buyer is entitled to an inspection period of 48 hours to inspect and examine the delivered product starting from the exact time of delivery as confirmed by the shipping company.

Buyer must notify us of a satisfactory / unsatisfactory receipt of the delivered product no later than 48 hours after delivery / collection in writing.

Buyer agrees and understands that if we don't receive the satisfactory /unsatisfactory receipt of the delivery within 48 hours starting from the delivery date as confirmed by the shipping company or the collection date and time as confirmed by the Seller, the transaction will be concluded as satisfactory and completed.

Upon Buyer's satisfactory receipt, funds will be released to the Seller after the cooling period of 7 days starting from the following date of the delivery as confirmed by the shipping company or the following date of the collection as confirmed by the Seller.

Funds will be released to the seller's provided bank account in full minus the Successful Sale Fee payable to us by the Seller. See fees.

Funds will be released to the seller's provided bank account in full minus the Successful Sale Fee payable to us by the Seller. See fees.

For unsatisfactory receipts, see Rejection.

  2.13. Fees

Successful Sale Fee

Upon a Completed Transaction, Sellers are charged and agree to pay the Company a Successful Sale Fee. This fee is charged to the Seller and automatically deducted from the Buyer's final payment cleared of VAT and Shipping Costs.

  2.14. Payment

When Buyer's order is accepted by the seller, a final pro forma invoice will be generated by TheBiggestClearance.com and emailed to Buyer.
We are authorised by the Seller to collect the payment from Buyer.

Buyer has 24 hours from the time of the invoice to make the payment in full to TheBiggestClearance.com including VAT and Shipping Costs where applicable.

All payment details are provided to Buyer on the invoice.

Buyer's payment must reach our account no later than 24 hours from our invoice date and time for all online payments and no later than 5 business days following the invoice date for all bank transfer transaction. For bank transfers, buyer must make a payment and email us a proof of transfer no later than 24 hours following the invoice date. If buyer's payment is not received within this period, the goods will be re-listed or otherwise disposed of by us.

In this eventuality Buyer's account may be suspended indefinitely. In addition buyer may also be liable for any loss or consequential loss to the Supplier resulting on a re-sale of any items in question.

Any applicable VAT shall be applied at the prevailing rate on the date of invoice.

For Paypal and Card transactions, a processing fee will be applied to the total sum payable. See the processing fees here.

Title in the goods remains with (and goods remain the property of) the Supplier until full cleared funds are received by us from the buyer of the goods.

In the event that stock you have purchased is not available from the merchant, a full refund for the purchase price will be issued. Under no circumstances will additional compensation be offered.

  2.15. Shipping and Delivery

The shipping rate determined by the Supplier will be as per the shipping charges detailed on the product description relating to the goods. These charges will appear on our invoice to the Buyer.

The goods will be delivered to you or collected by you as set out in the Supplier's applicable terms and conditions or as otherwise set out in the applicable product description.

Where the goods are shipped and you act as Seller, you must ship the Stock that Buyer purchased from you within 3 business days starting the following day of our confirmation to you that we received and hold Buyer's payment for the Stock.

As a confirmation the stock has been dispatched, you must provide us with a tracking number given by the shipping company / courier.

Where the goods will be collected from you by Buyer or by other courier on behalf of the Buyer, you must provide access and make the Stock available for collection.

Where you act as Buyer and collect the goods, it is your responsibility to ensure that you have a suitable vehicle with which to do so. You agree that you will be responsible for loading the vehicle and we or the Supplier cannot accept any liability for any damage to the goods which occurred after the goods were made available for collection. The Supplier may require you to sign an acceptance / collection document when you collect the goods. Other conditions concerning the collection or delivery of goods can be found in the product description or the Supplier's terms and conditions.

Where the stock has been delivered to you or made available for a collection you must notify us that you are in possession of the goods in writing no later than 6 hours after delivery / collection.

  2.16. Rejection

Goods may only be rejected if they are faulty or do not match the product description given by the Supplier on our site. The Supplier will examine the returned goods and we will notify the buyer of the refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 7 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective goods.

Goods returned by you because of a defect will be refunded in full, including a refund for the delivery charges for sending the item to you (if any). However, you will be responsible for the cost of returning the item to the supplier. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Where the Supplier deems (at its sole discretion) that the goods are not faulty and/or that they did match the product description you will not be entitled to a refund and you will be required to collect the goods from the Supplier at your cost within 7 days of being notified that you are not entitled to a refund.

  2.17. Dispute Resolutions

2.17.1.

Any dispute between the Buyer and the Seller should be notified to us immediately. In the event of a dispute between Buyer and Seller in connection with a pending transaction, parties agree to cooperate with the Company in order to resolve the dispute before taking any other action. If we cannot resolve the dispute within 10 business days of the dispute start date, then the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.

We are not obliged to offer a dispute resolution service and reserve the right to withdraw our involvement in the dispute at any time save where the dispute is solely related to the Service provided.

The Users are welcome to contact administrator should they have any questions regarding using of the site and its services. All the questions will be answered within 3 working days.

2.17.2.

USER AGREES NOT TO HOLD COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF USER'S DEALINGS WITH ANY OTHER USERS.

In the event User has a dispute with another User, User releases Company, directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Company.

Users agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages ( whether direct, consequential or otherwise ), claims, liabilities, costs and expenses incurred ( including, without limitation, all reasonable fees ), as a consequence of any acts by User undertaken in connection with the Company's Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User's obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users.

  2.18. Tax Matters

As between the parties, Buyers and Sellers will be responsible for the collection and payment of any and all of your taxes, such as VAT - Value Added Tax together with the filing of all relevant returns.

You acknowledge and agree that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of the Company's Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using the Company's Site and Services.

  2.19. Import Duty

If you order goods from the Seller for delivery outside your country, UK or EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

  2.20. Confidentiality

During the course of your use of the Services, you may receive information relating to us or to the Services that is not known to the general public ( 'Confidential Information' ).

You agree that:

A) all Confidential Information will remain Company's exclusive property;

B) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and

C) you will not otherwise disclose Confidential Information to any individual, company, or other third party. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way ( including in promotional material ) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

  2.21. Disclaimer

A) THE BIGGEST CLEARANCE SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED 'AS-IS.' AS A USER OF THE SERVICES, YOU USE THE BIGGEST CLEARANCE SITES, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY THE BIGGEST CLEARANCE TO HELP YOU PARTICIPATE IN THE SERVICES AT YOUR OWN RISK. WE AND OUR AFFILIATES WAIVE AND DISCLAIM:
(1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
(2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND
(3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BIGGEST CLEARANCE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT.

B) IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE US (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

WE CANNOT GUARANTEE THAT ANY USER, BUYER OR SELLER USING THE WEBSITE IS A GENUINE AND TRUSTED USER AND ALL INFORMATION SUCH USER PROVIDED IS TRUE. WE PROVIDE INFORMATION THAT WE HAVE BEEN SUPPLIED WITH FOR YOUR CONVENIENCE ONLY, AND IT IS YOUR OWN RESPONSIBILITY TO TAKE ADDITIONAL STEPS TO VERIFY SUCH USER BEFORE CLOSING ANY DEALS.

The site 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 the Site.

You understand and agree that TheBiggestClearance.com takes no responsibility or liability for the misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you.

 3. Seller's Obligations

Users who use the Company's Site to sell assets ( 'Products', 'Stock' ) or merchandise of any kind ( 'Seller' or 'Sellers' ) agree that:

  3.1. Listing Information

Sellers are solely responsible for the accuracy, completeness and validity of all the information describing the items listed for sale. Sellers, who list items for sale on the Company's Site, represent and warrant that they are the lawful owners of the listed assets or have all legal rights to sell or manipulate the Stock.

Each Seller represents and warrants that all Listing Information provided is accurate and truthful regarding, without limitation, the type, quantity and condition of the Listed assets in any listing posted by the Seller on the Company's Site. Sellers understand and agree that the Company, at its sole discretion, may take any action it deems necessary to review, edit or remove any listing information provided with respect to any assets posted by a Seller.

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.
(In other words we need these rights in order to be able to host and display your content.)

  3.2. No Unlawful Assets

Sellers agree that they will not attempt to sell any illegal assets of any kind through the Company's Site and Services including, without limitation, all counterfeit goods, drugs, guns, pornography, munitions, hazardous waste, non-metal scrap or any other item, the Company, in its sole discretion, deems to be unlawful.

You must not sell illegal, stolen, or unsafe Stock, Stock which has been illegally imported or which would require illegal import or export in order to complete the transaction, or any Stock which is prohibited by, or violates any, law. You are responsible for ensuring that any item of Stock listed by you does not breach this clause. You agree that we 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 this clause at any time.

You must not attempt to advertise / distribute counterfeit, fake or otherwise trademark / patent infringing goods or services. You agree that should your goods / services be questioned by the website management, you may be required to provide authenticity / legal documentation to support / confirm claims of legality or face your listing being removed and potentially your account being terminated.

  3.3. Service and Successful Sale Fees

If you successfully complete a transaction, you agree to pay Us a service fee ( 'Successful Sale Fee' ). The amount of this fee will be determined by the site based on the final price of the transaction cleared from shipping costs and VAT.
See our Fees here for your information.

This fee is charged and automatically deducted from the payment collected from the buyer by TheBiggestClearance.com. Successful Sale Fees are non-refundable.

You shall not receive a payment from the Buyer other than via the Site without our prior written consent. In the event that we give our consent, you will be liable to pay Us the Successful Sale Fee.

  3.4. Distance Selling Regulations - UK & non-UK Sellers and Suppliers

You confirm understand the consumer rights and agree to be bound and comply with all aspects of the Consumer Protection - DSR - Distance Selling Regulations 2000 for UK based Sellers and Suppliers or any equivalent legislation that is applicable given the location of the Seller and the Buyer outside UK.

Find out more information about the Distance Selling Regulations below :

 4. Buyer's Obligations

  4. Buyer's Obligations

A) You must only place an order for the product that you intend to buy at the price advertised and meet the delivery costs, VAT charges and Buyer Premium if applicable.

B) If you are notified that your order has been accepted, you must make a full payment to TheBiggestClearance.com for the price agreed ( without set off or deduction ) within 24 hours of you receiving from Us the final pro forma invoice including the Buyer Premium and if these are applicable, delivery costs, insurance & VAT. If your payment is not received by us within 3 working days of you receiving the final pro forma invoice then your order will be cancelled. As a result, your account may be suspended or terminated at the company's sole discretion without a notice and negative feedback and review may be left to you by the Seller.

C) You will not whilst a Member of the Website and thereafter for a period of 3 years following the termination of this Agreement directly or indirectly, contact, deal with, negotiate or attempt to negotiate with, enter into or attempt to enter into any agreement and or transaction with or attempt to transact with or otherwise become involved with any Member or entity or any other entities or parties introduced, directly or indirectly, by or through us without our prior written approval.

Should you act in breach of this clause aforesaid you shall pay to us within five days of demand, liquidated damages calculated as our Buyer Premium / Successful Sale Fee from the value of the total sales made between the Buyer and a Member of the Website at any time in breach of clause (C) above;

For the avoidance of doubt we shall also be entitled to demand liquidated damages ( calculated as a Buyer Premium / Successful Sale Fee from the value of the total sales made ) from the Member with whom you have had dealings for acting in breach of its obligations under the terms and conditions for the use of the Website. Notwithstanding the fact that we might recover liquidated damages from the Seller, you shall not be entitled to any discount or reduction in the level of liquidated damages you are obliged to pay to us pursuant to clause (C) above.

D) Should you arrange to resell the Stock or any part thereof before receiving it, you do so at your own risk.

E) You must comply with any of the Seller's restrictions on re-sale as set out in the Listing (e.g. restrictions on territories, branding etc.);

F) You are entitled to inspect the product while it is on offer where the inspection is available. You shall not however be entitled to act in any manner which may breach clause (C) above.
In the event that you are guilty of a breach of clause (C), you are obligated and agree to pay us liquidated damages as outlined in clause (C) within five days of demand.

G) You agree to pay for the product and the delivery costs using the payment methods stated by us on the Website.

 5. Blog & Forum Rules

  5.1. Registration

Registration to our Forum is free and comes automatically as a part of your free members account registration. If you only wish to register for use of the forum, creation of your account on the Site and your agreement with this User Agreement will be necessary.

  5.2. Inappropriate Material

To protect the Forum, Blog, Site and its members from legal risk, and to maintain an environment that encourages constructive debate and discussion, the following inappropriate material may not be posted on this forum and we reserve the right to remove any material or messages at our sole discretion without notice at anytime:

A) Inflammatory, abusive, racist or otherwise offensive comments, remarks, language or insinuations.

B) Posting material to which a third party claims copyright, other intellectual rights or that breaches applicable laws without :

1) permission from the owner of such copyright or other intellectual property rights or
2) adequate referencing and acknowledgement of the owner of such copyright or other intellectual property rights.

C) Obscene, vulgar or pornographic material including links to other website's that contain or promote this material.

D) Guides or partaking in the discussions of how to unlock or circumvent copyrighted or protected software and technologies.

E) Content or sensitive information that may invade the personal privacy of another individual or business.

F) Unsolicited / commercial advertisements that attempt or invite the distribution of counterfeit / trademark infringing products / services. ( Typically fake, replica or otherwise brand / right infringing goods ).

G) Guides or partaking in discussions that promote or endorse pyramid, affiliate, referral or quick cash schemes.

H) Posting, requesting or distributing material via e-mail or the private messaging system that contravenes any of the terms.

I) Irrelevant, off-topic or generally ill-thought or unexplored material / content.

J) Pictures or graphical images within your post that are not hosted on your own web space or without the explicit permission of the web space owner. ( Typically referred to as hot-linking ).

K) Posting any material that contravenes any applicable laws.

  5.3.

Although the administrators and moderators of our Blog and Forum will attempt to keep all objectionable messages off, it is impossible for us to review all messages and materials. All messages express the views of the author, and neither the owners of the Site, Blog and Forum, nor administrators, moderators or developers will be held responsible for the content of any message.

In no event shall be Site or Company held responsible for any false, defamatory, libellous, offensive or otherwise unacceptable content or reference to information that is posted on the blog or forum.

In no event shall We take responsibility for the postings made by individual users on this blog or forum. Under all circumstances, users are solely responsible for any postings or activity they engage in on this blog or forum.

By agreeing to these terms and conditions, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.

We reserve the right to delete, remove, edit, move or close any thread for any reason without limitation.

 6. Standard Returns Policy

  6.1. General Terms

As standard, Buyers will have 48 hours after collection or delivery in which to inspect the goods and to inform us and the seller if the goods are not as described on the website.

Goods may only be rejected or returned to the seller if they are faulty ( only applies to NEW and Boxed items ) or do not match the product description given by the Supplier on our site. The Supplier will examine the returned goods and we will notify the buyer of the refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 7 working days after the day we confirmed to you via email that you were entitled to a refund for the defective goods.

Goods returned by you because of a fault or goods that differ with its description on the website will be refunded in full, including a refund for the delivery charges for sending the item to you (if any). However, you will be responsible for the cost of returning the item to the supplier. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Where the Supplier deems (at its sole discretion) that the goods are not faulty and / or that they did match the product description you will not be entitled to a refund and you will be required to collect the goods from the Supplier at your cost within 7 days of being notified that you are not entitled to a refund.

Due to the nature of different grades and conditions of items sold through the website such as Used, Customer Returns, Refurbished, Grade A, B, C or Salvage, we may not be able to replace or refund your item for damage, fault or defects, therefor only items that are sold in condition 'NEW' and found faulty will be a subject to a refund under this policy. You cannot return items for damage, fault or defects which were disclosed in the description of the item Marketplace listing or outlined in the specification of the condition of the stock.
Find description of each condition here.

You should always review Seller's Return Terms on the item description page. If you do not agree to Seller's Terms and Conditions for sale or Return Terms, you should refrain from making any orders to purchase.

Please note that products and items sold in conditions other than NEW may not be covered by the original manufacturer's warranty.

  6.2. Consumer Protection - Distance Selling Regulations - DSR

Where applicable ( for UK transactions only ), you may cancel the transaction and contract at any time within the cooling period of 7 working days from the day after the day that you receive your delivery ( where a working day is any day that is not a Saturday, Sunday or public holiday ).

If you do wish to cancel, you must contact us in writing to tell us that you wish to cancel.