• Introduction to Love eXcellence
• Intellectual Property
• Liability for and information provided on the Love eXcellence website
• Conditions on Your Use of the Love eXcellence website
• Conditions on the sale of products to you
• Conditions relating specifically to Sellers
Definitions "You" means you, the user of Love eXcellence website and "Your" shall be interpreted accordingly. "We/Us" means Love eXcellence Bearpark, Abbotswood, Guildford, Surrey GU1 1UX, United Kingdom and "Our" shall be interpreted accordingly. "Love eXcellence website" shall have the meaning as set out above. "User information" means the personal details which may be provided by You to Us via the Love eXcellence website. "Users" means the users of the Love eXcellence website collectively and/or individually as the context admits. "website" and "website" means a website on the World Wide Web.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT.
Introduction to Love eXcellence
Welcome to Love eXcellence's online e-commerce website. Love eXcellence and its affiliates provide access to the Love eXcellence website (the "website") and sell our products to you subject to the conditions as stated on this page. Read these conditions carefully before using the Love eXcellence website. By using the Love eXcellence website, to Buy, Sell or Pre-order goods or services ("items") or to use the other services provided (collectively, the "Services") you signify your agreement to be bound by these conditions. When you use any current or future Love eXcellence service, you will also be subject to the guidelines and conditions applicable to that service.
Our terms and conditions and policies on Love eXcellence website will evolve and may change from time to time. Please check these regularly. Your use of the Love eXcellence website will be deemed an acceptance of the terms, conditions and policies existing at that time. We reserve the right to change these terms and conditions. These terms and conditions, in conjunction with any other applicable policies available at the Love eXcellence website, govern the relationship between ourselves and you and will remain in force for the duration of our relationship.
We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the website but we make no warranties (whether express or implied) in relation to the accuracy of such information, as much of the information is published by third-party Sellers.
This Agreement shall be governed by and construed in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or in connection with this Agreement, regardless of your location as a Buyer, Seller or User of the Love eXcellence website and services.
The contract between the Buyer and Seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England in the United Kingdom.
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Love eXcellence website shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately. You acknowledge that by posting materials on the Love eXcellence website You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Love eXcellence website and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Liability for and information provided on the Love eXcellence website
Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Love eXcellence website, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us. We will endeavour to provide the Love eXcellence website using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Love eXcellence website and do not promise that the material contained in the Love eXcellence website, or any of the functions contained in the Love eXcellence website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Love eXcellence website.
Conditions on Your Use of the Love eXcellence website
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your Account area of the website.
Love eXcellence reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Access to Love eXcellence
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for website access
Love eXcellence grants you a limited licence to access and make personal use of this website (Love eXcellence), but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Love eXcellence. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, viwebsited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Love eXcellence or Love eXcellence and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Love eXcellence or its affiliates' names or trademarks without the express written consent of Love eXcellence. Any unauthorised use terminates the permission or license granted by Love eXcellence.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Love eXcellence as long as the link does not portray Love eXcellence, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Love eXcellence logos or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Love eXcellence, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must NOT use the website for any of the following: (A) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" (B) to cause annoyance, inconvenience or needless anxiety (C) to manipulate transactions in ways that are unfair to other users or to Love eXcellence
User's Rights and Obligations
You warrant and represent to Love eXcellence that the information you provide to us is true and correct You, the user, will resolve any dispute directly with the Seller, with the assistance of Love eXcellence and not through attempting to revoke an Electronic Money purchase transaction.
Love eXcellence sets limits on the amount and number of transactions completed through the Service during a set time period ("Velocity Limits") for both Buyers and Sellers. For security reasons, Love eXcellence does not disclose Velocity Limits. Velocity Limits are different from the credit limits set by your credit/debit card issuer. When a Velocity Limit is reached, affected parties will be notified that additional transactions that are completed during the applicable time period must be settled directly between the buyer and seller and not through Love eXcellence.
Buyers must inspect any items purchased from a Seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe.
Reviews, comments, communications and other content Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Love eXcellence reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant Love eXcellence and its affiliates a non-exclusive, royalty-free and full sublicense rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Love eXcellence and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Love eXcellence, including the execution of deeds and documents, at the request of Love eXcellence.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Love eXcellence: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Love eXcellence policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Love eXcellence and Love eXcellence and its affiliates for all claims brought by a third party against Love eXcellence or its affiliates arising out of or in connection with a breach of any of these warranties.
Because Love eXcellence lists many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Love eXcellence operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by following our Notify Love eXcellence of Defamatory Content link. Once this procedure has been followed, Love eXcellence will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Love eXcellence, its affiliates or its content suppliers and is protected by international copyright, authors_ rights and database right laws. The compilation of all content on this website is the exclusive property of Love eXcellence and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Love eXcellence, our affiliates or our software suppliers and is protected by international copyright and authors_ rights laws. You may not systematically extract and/or re-utilise parts of the contents of the website without Love eXcellence's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Love eXcellence's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Love eXcellence's express written consent. Love eXcellence and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Love eXcellence immediately providing details of the infringement.
Love eXcellence, the Love eXcellence logo and other marks indicated on our website are trademarks or registered trademarks of Love eXcellence or its subsidiaries (collectively "Love eXcellence"), in the European Union and/or other jurisdictions. Love eXcellence's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Love eXcellence. Love eXcellence's trademarks and trade dress may not be used in connection with any product or service that is not Love eXcellence's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Love eXcellence. All other trademarks not owned by Love eXcellence that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Love eXcellence.
Should You wish to make any comments to Us about the Love eXcellence website or if You have any questions relating to the same please Contact Us.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Love eXcellence to you.
When you place an order to purchase a product from Love eXcellence, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send your e-mail receipt to you. In most situations, the Seller will not send you confirmation of dispatch, however you can check details of your order and its dispatch status in Your Account on the Love eXcellence website. Any products on the same order which we have not confirmed in your e-mail receipt do not form part of that contract.
Purchases The Love eXcellence website uses PayPal, a secure payment processor for the safe collection of your payment details. PayPal (http://www.paypal.co.uk (link is external)), has been approved by a number of banks to facilitate Internet transactions on our behalf. All the information you pass at the payment page (including your credit or debit card numbers) are encrypted using Secure Sockets Layer (SSL) software. The information is securely passed to PayPal to organise payment processing. The information passed at the payment page is not held in clear text on any web website involved in this process.
To ensure that your card is not being used fraudulently, PayPal carries out a series of security checks with your bank to verify your details and authorise your purchase. The authorisation of the transaction will only last for a set period of time, and your account will be debited immediately if successful. Therefore, for pre-ordered and made to order items your account may have been debited well in advance of you receiving your goods. We are keen to stress that any orders can be cancelled during our 7-day cooling off period, and that in such instances a full refund is guaranteed subject to the terms described in our Returns and Refunds Policy which you can read here. There may be exceptions to our Returns policy for Made-to-order items. We would advise that you please retain your Love eXcellence Order Reference Number and receipt as proof of purchase. This will be sent to you by e-mail immediately after we receive your order. If you have any queries on when you will receive your goods, please first check Your Account or contact us via our Contact Page.
All orders placed through our website will be subject to our acceptance of the order, and all goods are sold subject to availability.
All prices shown on our website are inclusive of any VAT, duties or other taxes applicable to the item. Since some of our items are being sold by Sellers located internationally, all of our Sellers are advised to include any duties into the price of the item. Please note that you may be subject to your own local tax/import duties, if the item is being shipped from outside of your specified delivery country. We state each Seller's country in the Product Detail page and Checkout, so that You can determine whether you would like to proceed with an order. We do not assume any responsibility for local tax/import charges. If you are in any doubt we recommend you check with your local Customs & Excise Office before making a purchase.
You may order online using your credit or debit card through Paypal (Paypal accepts Visa, Switch, Delta, Mastercard, Solo, Amex, Maestro, and Visa Electron).
Shipping Our Sellers will deliver to a selection of countries worldwide. It is Your responsibility to check upon ordering the item that the Seller ships to your country. Dispatch & Delivery times vary according to the Item and the Seller. It is Your responsibility to check these time scales when placing your order.
Shipping Rates Shipping Rates vary according to the Seller and the Item. Be sure to check the shipping rates when placing your order. Often our Sellers offer Free Shipping if you purchase over a certain amount from the Seller in one order.
Please review our Returns Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Items that are expressly made-to-order are exempt from this, and are not entitled to be returned in accordance with Distance Shipping Regulations. Details of this statutory right and an explanation of how to exercise it are provided in the Returns Policy.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of the products in our catalogue may be mis-priced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
When ordering goods from Love eXcellence for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Love eXcellence, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers, and customers dispatching products internationally, to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Conditions Relating to Both Your Use of Love eXcellence and Sales to You
Love eXcellence does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Love eXcellence only with the involvement of a parent or guardian.
We use reasonable care to prevent material likely to give offence or which is unsuitable for children being displayed on our website. There are, however, certain products that we sell which are unsuitable for children (e.g. Certificate 18 or 15 videos / DVD's). By placing an order for products with age restrictions You declare that You are of legal age to purchase those products. Should You see material which in Your view is offensive then please contact us using the Contact Us section on the Love eXcellence website.
The Seller's listing of an item for Sale constitutes an offer to each Buyer to purchase the item at that price and the act of clicking on the "Add to Basket” button by You constitutes acceptance of that offer. Such acceptance will become effective on receipt by the website of such act. A seller may retract an item listed for Sale at any time but is bound by any offers accepted prior to the retraction.
Parties other than Love eXcellence and its subsidiaries operate stores, provide services, or sell product lines on this website. For example, businesses and individuals offer products via their Seller's Accounts, also known as "eShops" or "microshops". In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Love eXcellence and Love eXcellence do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We make clear when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their own privacy statements and other conditions of use.
When you visit Love eXcellence or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Love eXcellence will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
Alteration of Service or Amendments to the Conditions We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver and Indemnity
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Love eXcellence website.
Love eXcellence website User/Seller Participation Agreement
Conditions relating to all users of Love eXcellence
• Conditions relating specifically to Sellers
• Conditions relating specifically to Buyers
In particular, you acknowledge that you have read and understood the clauses in this Participation Agreement relating to: Love eXcellence's disclaimer of warranties; limitation of liability; protection and use of your personal data; your consent to the publication of feedback and ratings about your performance on the website; and the manner in which Love eXcellence may make changes to this Participation Agreement. Please note that, although Love eXcellence may list items for sale via the Love eXcellence platform, Love eXcellence is not a Seller for the purposes of this Participation Agreement.
General Conditions Relating to All Users of Love eXcellence
These conditions are to be accepted in conjunction with the Love eXcellence Terms and Conditions document.
1. Conditions relating to Sales
1.1 Eligibility and Registration Requirements
1.1.1 Use of the Services is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales (for example minors are not permitted to use the Services).
1.1.2 Only visitors to the website who register and enter into this Participation Agreement ("participants") may participate in ordering, buying or selling on the website. In order to sell items at Love eXcellence you must register for a Seller account with Love eXcellence, which you can do so on the Love eXcellence web website. By purchasing goods at Love eXcellence, you are accepting the terms and conditions expressed in this Participation Agreement.
1.1.3 If you are selling goods as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing.
1.1.4 To register as a Seller you must provide your real name, address, phone number, e-mail address and valid credit or debit card information. You must also supply your PayPal account email address which we will use to transfer your earnings to you each month. You warrant to Love eXcellence that the information you provide during the registration process (and any notification of change of such information) is true and correct.
1.1.5 You are obliged to notify Love eXcellence of any changes to your registration information immediately. You can use Your account to manage your details.
1.1.6 Love eXcellence reserves the right to reject any registration in its sole discretion.
1.1.7 If you provide false or incorrect registration information or do not notify Love eXcellence of changes to your registration information immediately, Love eXcellence reserves the right to terminate your account immediately and without notice to you.
1.1.8 You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this website. If your password is compromised you must change your password.
1.1.9 Unless otherwise indicated, Love eXcellence itself and its affiliates may participate in Sales (as that term is defined in Clause A.3.1). When Love eXcellence or its affiliates offer goods for Sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this Agreement as any other seller on this website. In addition, employees of Love eXcellence are permitted to participate in their personal capacity (i.e., not as Love eXcellence employees, representatives or agents) in the transactions conducted through this website subject to Love eXcellence's internal employee policy. Love eXcellence employees, representatives or agents, when participating in any transaction in their personal capacity, are subject to this Participation Agreement.
1.2 International sales
In listing an item for sale internationally, the Seller may also have to comply with laws of the country in which both the Buyer and Seller resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items. It is the Seller's responsibility to ensure that they are complying with the laws of their residing country and the countries that they ship items to. Love eXcellence accepts no responsibility for the misconduct or illegal conduct of its registered Sellers. When completing the setup of your Seller account, you must specify the countries which you are happy to ship your items to. You can update your shipping costs in your Seller account at any time.
1.3 Prohibited Items
Any registered Seller may list an item for Sale on the website. However, the following items must not be listed on the website by Sellers or purchased by Buyers (irrespective of whether the item is listed on any of the other participating Love eXcellence websites):
1.3.1 Offensive material, including material that incites racial hatred or promotes discrimination based on race, religion, national origin, physical ability, sexual orientation or age;
1.3.2 Obscene material including pornographic material (eg: material rated R +18, home porn and hardcore material);
1.3.3 Living animals;
1.3.4 Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
1.3.5 Firearms and ammunition;
1.3.6 Stolen goods;
1.3.8 Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (eg: pirated software, CDs, videos and DVDs, OEM software and so on). New Region-1 DVDs may be listed by sellers resident within the USA or Canada only and must be dispatched to buyers from the USA or Canada;
1.3.9 Illegal or prescription drugs;
1.3.10 Items whose sale, distribution or offering for sale is prohibited by any applicable law;
1.3.11 Items whose sale is subject to export restrictions (eg: Cuban cigars, certain encryption software and so on);
1.3.12 Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws).
1.4 Contract fulfilment
1.4.1 On the completion of a Sale, Love eXcellence will send to the Seller, an e-mail with the Buyer's order details. Sellers must specify the dispatch time of an item when they list their item. They are obliged to dispatch their item within this period.
1.4.2 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the close of an auction or completion of a Fixed Price Sale to complete the transaction in writing and/or in the relevant form (as the case may be).
1.4.3 Unless the Buyer and Seller expressly agree otherwise, the following terms and conditions will apply to the contract between the Buyer and Seller for the sale of the relevant item:
(a) the Buyer will be required to make full payment to the Seller of the item, via Love eXcellence's secure online checkout process, controlled by PayPal (http://www.paypal.co.uk (link is external)). Please note Love eXcellence is a marketplace, and as that transactions at Love eXcellence are between Buyer and Seller, and NOT between Buyer and Love eXcellence .
(b) the Seller must specify a dispatch date when listing each item. For example, the Seller agrees to dispatch the item within "1 - 2 business days" of receiving the order confirmation email from Love eXcellence
(c) all postage, customs and excise duty, VAT and any other taxes associated with the sale (if applicable) will be paid by the Buyer and it is the Seller's responsibility to determine, collect and remit the applicable VAT, customs and excise duties and any other taxes associated with the Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold must be displayed inclusive of any customs and excise duty, VAT and any other taxes associated with the Sale, which may be applicable and Sellers will not charge or seek to charge the Buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on the website
(d) Buyers are required to pay Sellers in the currency in which the Sale is listed which is usually Great British Pounds Sterling
(e) the sale will be subject to any warranties implied under applicable law; and
(f) the contract between the Buyer and Seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
Love eXcellence may, in its sole discretion, terminate this Participation Agreement, access to the website or the Services, or any current Sales immediately without notice if your participation agreement with any of the other Love eXcellence websites is terminated or for any breach of any terms of this Participation Agreement, with no refund of the administration or membership fee.
1.7 Love eXcellence's Reservation of Rights
Love eXcellence retains the right to, if it considers it appropriate: immediately halt any Sale; prevent or restrict access to the website or the Services; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the website under this Participation Agreement. Love eXcellence reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to generality of the rights in this clause 1.7, and to any other rights that Love eXcellence may have in this Participation Agreement, Love eXcellence reserves the right to refuse listings or to immediately remove any listings where Love eXcellence objects to how you identify yourself on the website (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name contrary to the requirements set out in paragraph
1.10.4, and/or if you are otherwise in contravention of the requirements set out in paragraph 1.10.4.
1.8 Reviews & Comments
1.8.1 Buyers may leave Reviews for Sellers relating to their performance. You acknowledge and accept that your Reviews will be publicly available for viewing on the website. Love eXcellence is not responsible for checking or editing the Reviews on the website. You consent to the publication of, and authorise Love eXcellence to publish, Reviews even though such Reviews may be critical or defamatory of you and even though Love eXcellence may be aware or ought reasonably be aware that such Reviews caused or contributed to the publication of a statement that is defamatory of you. You release Love eXcellence from and waive all rights against Love eXcellence in respect of any liability arising out of or in connection with the publication of any defamatory comments about you in such Reviews and Ratings.
1.8.2 You agree to indemnify and hold harmless Love eXcellence and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Reviews left by you on the website.
1.9.1 If, as a result of any interruption to or unavailability of, the Services or the website (whether for planned maintenance, repairs or otherwise) any Sales (namely, listings by Sellers) becomes unavailable for a period of time, then: (a) If such period of unavailability is less than or equal to 60 minutes, the Sale will not be extended, even if the Sale closes during the period of unavailability; (b) If such period of unavailability is greater than 60 minutes but less than or equal to 120 minutes, the duration of the Sale will be extended for a period equivalent to double the period of unavailability; (c) If such period of unavailability is greater than 120 minutes, the duration of the Sale will be extended for a period of 24 hours.
1.9.2 The extension of a Sale, as the case may be, is the participant's sole remedy for any interruption to or unavailability of, the Service or the website.
1.10 Grants of Licence, Intellectual Property and Linking and Framing
1.10.1 Licenses (a) Your Grant.
By entering into this Participation Agreement and listing an item, you grant Love eXcellence and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or bids or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date. (b) Love eXcellence's Grant. Love eXcellence grants you limited non-transferrable license to each participant to make personal use only of the website and the Services in accordance with this Participation Agreement. This license expressly excludes, without limitation: any resale or commercial use of the website and the Services; modifying, distributing, copying, republishing or making any derivative of the website or the Services; the collection and use of participant e-mail addresses or other participant information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.
1.10.2 Intellectual Property Rights
Subject to the licence granted to you under Clause 1.10.1(b), Love eXcellence reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the website and the Services. Any goodwill accruing out of the use of Love eXcellence's and its affiliates' trade marks, trade and business names and service marks under this Participation Agreement will vest in Love eXcellence and its affiliates, as the case may be.
1.10.3 Linking to the website and prohibition on Framing
Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the website posted or maintained on any location by you or on your behalf, conveys users directly to the website, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the website as seen by users linking to the website to be different from that seen by users who access the website by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the website.
1.10.4 Linking off the website
Sellers must not include any links (graphical, text or otherwise) in any Sale listing on the website, save where such links convey users directly to another location on the website, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by Love eXcellence, you will not, and you will cause your affiliates not to, directly or indirectly (eg: through a Third Party (as defined below):
(a) sell, barter, disclose or transfer to any Third Party (which in this clause 1.10.4 shall mean any party other than you or your affiliates ("Third Party"), any data acquired by you as a result of any transaction (whether this is information that pertains to the identity of a user and/or buyer, the order or referral information (here meaning any information disclosing that a buyer purchased a product through the website, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
(b) send to any user or buyer of the Services any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
(c) send to any user or buyer of the Services any electronic communication except as necessary to complete any buyer's transaction or to respond to a customer service enquiry made by such buyer concerning such transaction;
(d) use any domain name (or any part of it) on the website and/or otherwise in any communications that you have with any user of the Services and/or any buyer (by way of example but not limitation, you should not use "www" ".com", ".co.uk" or similar domain name identifiers);
(e) include in any communication made or authorised by you with any user of the Services and/or any buyer including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and alike sent with it), order confirmation and/or other communication made in connection with the fulfilment of a transaction:
(i) any offer from or reference to any Third Party and/or
(ii) any link or reference to any website other than the website (or otherwise seek to direct any person to any website other than the website), except that you may include in any communication to a buyer links or references (or otherwise direct such buyer to your website solely in connection with your fulfilment of, or as necessary to provide customer service with respect to such applicable purchase);
(iii) any reference to domain names;
(f) target (on any basis via any means) unsolicited communications of any kind, to any user, of the Services and/or any buyer. You will comply with the Data Protection Act 1998, including, but not limited to, the seventh data protection principle.
1.11 Data Protection and Privacy
1.11.1 Love eXcellence uses your personal data in the manner set out in the Privacy Notice and as further described in this Participation Agreement (eg: in clauses 1.4.1 and 1.8.1), which is incorporated into this Participation Agreement by reference, in so far as it is applicable to personal data collected or used in connection with the website and the Services. By using the Services and the website, you consent to the collection and use of your personal data by Love eXcellence in the manner set out in the Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on the Privacy Notice page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy Notice frequently for changes. Please note that the information you provide to us in using the Services and the website will be transferred outside the European Economic Area for the purposes of processing by Love eXcellence and its affiliates and in order to maintain customer accounts for you at other Love eXcellence websites. By using the Services and the website, you consent to this transfer.
1.11.2 Unless otherwise authorised or consented, you agree not to use any information regarding other participants that is accessible from the website, except to enter into and complete transactions conducted via the website. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
1.12 No Warranties
1.12.1 Disclaimer of Warranties. The website and the services are provided on an "as is" basis. Love eXcellence makes no other representations or warranties of any kind, express or implied, including without limitation:
(a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(b) that the website or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
(c) the information, content, materials or products included on the website will be as represented by sellers, available for sale at the time of sale, lawful to sell, or that sellers or Buyers will perform as promised.
(d) any implied warranty arising from course of dealing or usage of trade; and
(e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Love eXcellence. To the full extent permissible under applicable law, Love eXcellence disclaims any and all such warranties.
1.12.2 General Release. In the instance when a transaction involves a third-party Seller and Buyer, if a dispute arises between one or more participants, each of you release Love eXcellence (and its employees, representatives and agents) 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.
1.13 Limitation of Liability
1.13.1 to the fullest extent permitted at law, Love eXcellence will not be liable (whether in contract, tort--including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with the participation agreement, the website, the services, the inability to use the services or those resulting from any goods or services purchased or obtained or messages received or feedback or ratings posted to the website or transactions entered into through the services, whether or not Love eXcellence has been advised of the possibility of such damage.
1.14 VAT and other taxes on the sale of goods and / or services by Sellers
You agree that it is the Seller's responsibility to determine whether VAT, customs duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on the website is inclusive of any VAT, customs duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Love eXcellence is not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the website and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.
1.15 General Provisions
1.15.1 Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
1.15.2 No Agency; Third-Party Beneficiary
Love eXcellence is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Love eXcellence and its affiliates, you, and relying buyers or sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
1.15.4 No Waiver
Love eXcellence's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Love eXcellence's right to subsequently enforce such provision or any other provisions of this Agreement.
This Participation Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. Love eXcellence reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the website or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the website. All notice of changes to this Agreement will be posted on the website for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this website and the services following Love eXcellence's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, then your only remedy is to cease use of the services or this website.
Notices can be sent to you at the e-mail address you provided to Love eXcellence. You may send notices to Love eXcellence as detailed in the contact us section of this website.
1.15.7 Governing Law
This Participation Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of England in the United Kingdom, and you irrevocably submit to the non-exclusive jurisdiction of the Courts of England.
2. Conditions relating only to Sales
2.1 Items are offered by Sellers for sale at a fixed price ("Sales"). The seller is obliged to sell the items at the listed price to Buyers who meet the Seller's terms. Unless otherwise agreed by us with the Seller in advance in writing, the price of any items sold (including the applicable delivery charge) are displayed inclusive of any customs and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on the website.
2.2 Participants may purchase an item for Sale by clicking on the "Add to Basket" button on the relevant item's page, provided that the item is still showing as having a quantity of stock remaining. The Buyer must then follow the necessary "Checkout" procedure in order to purchase the item. Multiple items can be added to the Buyer's "Basket" and purchased in one single checkout procedure. 2.3 The Seller's listing of an item for Sale constitutes an offer to each participant to purchase the item at that price and the act of clicking on the "Add to Basket" button by a participant constitutes acceptance of that offer. Such acceptance will become effective on receipt by the website of such act. A Seller may retract an item listed for Sale at any time but is bound by any offers accepted prior to the retraction.
2.4 For items listed for sale, Sellers may only charge Buyers a pre-determined delivery charge, which they specify when listing the item, and that fee is visible on the product detail page.
B. Conditions relating specifically to Sellers
1. Seller's Obligations with respect to Listing Items
1.1 Sellers Warranties. By listing an item for sale:
1.1.1 you represent a warrant to prospective buyers that:
(a) you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and
(b) the listing is accurate, current and complete and is not misleading or otherwise deceptive;
1.1.2 You represent and warrant to Love eXcellence that:
(x) the item is not one that would fall within any of the prohibited items described in clause A.1.3; and
(y) the item is safe and, where required by applicable law, bears a "CE" mark.
1.1A Subject to any pricing guidelines set forth from time to time on the website, Sellers will determine the purchase price for each of their items offered for sale on the website; all Sellers will ensure that the purchase price and each other term of offer and/or sale for consumer electronic items (including, for the avoidance of doubt and without limitation, personal computers) offered for sale on the website are at least as favourable to consumers as the terms of sale upon which the seller or any of its affiliates offers or sells such items through its or any of their respective online sales channels other than the website, after taking into consideration all discounts, sales, rebates and other promotional offers or business practices.
1.1B Sellers who require Love eXcellence to upload their products are responsible for checking the accuracy of the listings, including but not limited to price and delivery. Furthermore if listed by Love eXcellence, a one year break clause is applicable to recoup time and costs for the upload if these were not paid for in advance.
1.2 Compliance with Applicable Law
You further warrant that the sale or distribution of the item is not in breach of applicable law (including, where items are sold internationally, the law of the destination country). This responsibility includes, but is not limited to, ensuring that
(a) any items sold are safe;
(b) any items sold bear a "CE" mark where required by applicable law;
(c) any items sold are appropriately packaged and labelled as required by applicable law;
(d) any items sold otherwise comply with all applicable law regarding their sale. You will audit the products that you sell on a regular basis (at least monthly) to ensure ongoing compliance with this obligation. You will also advise us of any age or other restrictions that apply to the sale of any products that you sell. Love eXcellence makes no representations that items not appearing on the prohibited items list in clause A.1.3 may be sold or distributed or offered for sale under applicable law.
2. Seller's Fees
2.1 By listing an item on the website for sale, you agree to pay the agreed commission and membership fees, including for example:
2.1.1 Listing fees for the listing of the item (and membership fees where applicable);
2.1.2 Optional promotional fees if any optional features (such as bold listings, promotional slider or featured on home page where applicable and agreed are selected; 2.1.3 Commission fees as agreed (to be paid on completion of the Sale).
2.2 All commission and membership fees are in Great British Pounds Sterling unless stated otherwise. The membership fees may vary in the future. By listing an item for sale on the website, you authorise Love eXcellence to charge your credit /debit card or, where applicable, to deduct the amount from the funds owed to you from your completed sales, for all and any amounts due in the manner and at the times agreed upon joining Love eXcellence as a Seller.
2.3 VAT on Seller fees. The Seller fees are subject to VAT where applicable and will be paid by the seller at the time of payment of the corresponding fees.
2.4 If you are a business that is established in a European Union country and if in your Seller account you provide your valid VAT registration number that was issued to you by the European Union country in which your business is established, VAT will not be charged by Love eXcellence on your seller fees (the "Exclusion") provided you are not established in Luxembourg, and have not supplied a VAT registration number issued by the Luxembourg authorities. In order to qualify for the exclusion, you must provide Love eXcellence with a valid VAT registration number from your tax authority, and you must agree to and acknowledge the conditions set out below:
2.4.1 You warrant and represent that the VAT registration number you submit to Love eXcellence belongs to the business you operate, and that business is established in one of the European Union countries except Luxembourg;
2.4.2 You warrant and represent that all transactions on your Love eXcellence Seller account will be business-related transactions made by the business associated with the VAT registration number you submit to Love eXcellence;
2.4.3 You warrant and represent that the VAT registration number and all other information provided by you is true, accurate and current and you will immediately update any such information held by Love eXcellence in case of any changes;
2.4.4 Love eXcellence reserves the right to request additional information and to confirm the validity of your Seller account information (including your VAT registration number) from you or government authorities and agencies as permitted by law and you irrevocably authorise Love eXcellence to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to Love eXcellence upon request.
2.4.5 Love eXcellence reserves the right to charge you any applicable unfilled VAT if you provide a VAT registration number that is determined to be invalid. You irrevocably authorise Love eXcellence to debit your credit card for any such un-paid VAT.
2.5 If you are a business that is established in a European Union country and you provide Love eXcellence with your valid VAT registration number that was issued to you by a European Union country, you agree to accept electronic VAT invoices in a format and method of delivery as determined by Love eXcellence.
3. Prohibited Acts
3.1.1 sell all items on his or her own account and must not represent that he or she is selling on behalf of any third party;
3.1.2 not use the Services or the website in the contravention of any applicable law nor permit or assist others to do so.
4. Love eXcellence's right of recovery Love eXcellence retains the right to seek reimbursement from the seller if it, in its sole discretion, decides to reimburse the buyer under the terms of the Love eXcellence A-Z Guarantee described in clause C.1 or Love eXcellence otherwise compensates the buyer or Love eXcellence receives a charge back from the buyer's credit/debit card issuer for the amount of the buyer's purchase from the seller.
5. Seller account and Payments
In order to sell items on the Love eXcellence website, you must apply for, and be granted, an active Seller account.
5.1 The Payment Service facilitates the purchase of items listed on the website for Sale. A buyer's authorised credit or debit card or PayPal payment ("Payment Transaction") is depowebsited to a dedicated Love eXcellence Bank account, and funds are periodically transferred to the Seller's designated PayPal account ("Seller's Payment account"). A buyer may authorise a Payment Transaction with any major credit or debit card or PayPal account accepted by Love eXcellence. Love eXcellence is not the purchaser of the Seller's goods. The Seller will resolve any dispute directly with the Buyer or with the assistance of an official Love eXcellence Customer Service Representative. Seller's must provide us true and accurate information when registering and must maintain and update that information as applicable. Sellers must not impersonate any person or use a name he or she is not legally authorised to use. Each seller authorises us to use any information provided to us in registering to verify his or her information (including any updated information), to obtain credit reports about the seller from time to time while the seller is registered (including credit reports about the seller's spouse), and to obtain an initial credit authorisation from the seller's credit card issuer at time of registration. Love eXcellence cannot be held liable for lost funds should the Seller not have kept accurate records in their account.
5.2 The Seller account is available only to individuals, businesses and others who meet the terms of eligibility, and whose applications are acceptable to Love eXcellence. Payment Transactions can only be depowebsited into PayPal accounts. Sellers waive any rights with respect to the Service (including, without limitation, to protection under the Love eXcellence A-Z Guarantee) when dispatching to an address other than that provided by the Service.
5.3 The Love eXcellence website is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can transfer earnings only on a Business Day. For purposes of this Agreement, a Business Day is a Monday through Friday, excluding bank holidays in the United Kingdom. Love eXcellence will send a receipt to the seller via e-mail for each completed transaction.
5.4 All balances for a given 30-day period will be reflected in Love eXcellence 's monthly invoice to the Seller, sent via email. We will initiate a transfer to the Seller's Payment account on the last day of each month ("Payment Date") or on the next Business Day if the scheduled Payment Date falls on a non-Business Day. Love eXcellence will initiate a transfer to the Seller's account on each Payment Date for the total amount of Payment Transactions received from buyers' authorised credit or debit card transactions for the Seller, less any refunds or Fees incurred, or for funds otherwise received for the Seller since the last Payment Date. The amount of the fees for Payment Transactions will be confirmed in an Invoice, which is available in the Seller account in PDF format, and will be deducted from the balance of credits in the Seller's account Summary to be remitted to the Seller on the next Payment Date or, if such balance is not sufficient to pay the outstanding fees and subscriptions, you as a Seller authorise Love eXcellence to charge the Credit / Debit card registered against your Seller account.
5.5 Transfers to the Seller's account will generally be made within five Business Days of the date we initiate the transfer. On occasion, we may send the seller a paper cheque to the Business Address registered in their Seller account, instead of an electronic transfer to the Seller's bank account. We will do so, for example, if the Seller's bank will not accept an electronic transfer to the seller's account.
5.6 Sellers must provide a full refund directly to any buyer who remits payment, if the item cannot be shipped at the close of the sale. Sellers must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale.
5.7 As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to any Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
5.8 If we reasonably conclude, based on information available to us, that Seller's actions and/or performance in connection with the Services may result in a significant number of buyer disputes, chargebacks or other claims, we reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller's Bank account (or sending paper cheques) for the shorter of either 30 days following the initial date of suspension or completion of an investigation regarding Buyer disputes, chargebacks or other claims.
5.9 We reserve the right to delay initiating the Payment Transaction transfer to a Seller's bank account (or sending paper cheques) pending an investigation if we, in our sole discretion, believe the buyer or the seller may have breached this Participation Agreement. Notwithstanding any other provision of this Participation Agreement, if we determine, in our sole discretion, that the seller has breached this Participation Agreement, we may refuse to transfer any Payment Transactions to the Seller and may instead maintain such amount in a trust account or may return such amount to the buyer. We will not be liable to the Seller if we act in accordance with the provisions of this Section.
5.10 All notices will be sent by e-mail or will be posted on the website. We will send notices to the Seller at the e-mail address maintained in Love eXcellence's records for the Seller, which the Seller can update using their Seller account. The Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us, and ensure that such messages are not caught by the Seller's junk-email filters. The Seller will send notices to us at our current e-mail address published on our website. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed with Royal Mail, postage paid, First Class mail properly addressed or personally delivered by express courier such as DHL or FedEx. First Class mail is properly addressed if sent by us to the address maintained in our records for the seller. First Class mail is properly addressed if sent by the seller to the current address published by us on our website. First Class mail is deemed received three Business Days after it is depowebsited with Royal Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
5.11 We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a Buyer and our payment of the Payment Transaction to the seller from our bank account. We reserve the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse a buyer, provide a refund to the buyer if the Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from the buyer's credit card issuer for the amount of the buyer's purchase from the Seller. We may obtain such reimbursement by deducting from future payments owed to the seller, reversing any transfer to the Seller's bank account, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means.
5.12 The seller may terminate its participation at any time by giving notice to us in writing, and we may terminate the Seller's participation in the Service at any at any time by giving notice to the seller in writing. Upon termination, the Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be cancelled.
C. Conditions relating specifically to Buyers
1. The Love eXcellence Guarantee
1.1 Love eXcellence wants you to have a safe buying experience. If the Buyer of an item has provided payment, but the Seller did not deliver the item, Love eXcellence will pay the Buyer the final closing price of the item up to £150, subject to the following conditions:
(1) the Buyer must wait 30 days, but not longer than 90 days, after the acceptance of an offer in a sale to request payment from Love eXcellence under the Love eXcellence A-Z guarantee and submit the guarantee submission form;
(2) the Buyer must provide the required information on the guarantee submission form truthfully and accurately to receive payment;
(3) the Buyer must be a resident of the United Kingdom and provide a street address in that country for payment;
(4) the Buyer is limited to a lifetime maximum of one claim across all Love eXcellence websites; and
(5) if the Buyer paid for the item by credit card, the buyer must not request a chargeback for the price purchase from the issuing bank.
1.2 You warrant and represent to Love eXcellence that the information you provide will be true and correct.
2. Love eXcellence Payments
2.1 The Buyer will resolve any dispute directly with the Seller, and with Love eXcellence, and not through attempting to revoke an Electronic Money purchase transaction.
3. Buyer's fees. Although Love eXcellence does not currently charge buyers any fees to use the Services and the website, it reserves its right to do so in the future.
4. Prohibited acts.
Buyers must not:
4.1.1 Whether by themselves or in conjunction with other participants, manipulate transactions in ways that are unfair to other users.
4.1.2 not use the Services or the website in the contravention of any applicable law nor permit or assist others to do so.
5. Inspection of items.
Buyers must inspect any items purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe.
We reserve the right immediately to terminate Your use of the Love eXcellence website if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
Governing law and jurisdiction These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of England and Wales.