Buying & Selling
eRaff TERMS & CONDITIONS
This User Agreement, the eRaffs User Privacy Notice all policies posted on our sites set out the terms on which eRaffs offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies. All policies are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.
- If you reside in the United Kingdom, you are entering into a contract with our company TDBGroup Ltd, 20-22 Wenlock Road, London, UK N1 7GU. Company Number: 12413672
2. About eRaffs
eRaffs is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
eRaffs does not have possession of anything listed or sold through eRaffs, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. eRaffs is not a traditional auctioneer.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. eRaffs does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, eRaffs has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Sellers must have a valid payment method on file with eRaffs at all times. You authorise eRaffs to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for eRaffs fees, eRaffs Money Back Guarantee reimbursements. eRaffs will notify you of these charges. If payments or amounts owed to eRaffs cannot be completed through the payment method on file for any reason, you are still required to pay eRaffs for all unpaid amounts and eRaffs reserves the right to seek reimbursement through other means plus any additional costs incurred by eRaffs in seeking reimbursement. You can change your payment method in My eRaffs at any time.
3. Using eRaffs
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites.
- breach or circumvent any laws, third-party rights or our systems or policies.
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
- use our Services if you are not able to form legally binding contracts (for example if you are under 18) or are temporarily or indefinitely suspended from using our Services.
- fail to pay for items purchased by you, unless you have a valid reason as set out in an eRaffs policy, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
- fail to deliver items sold by you, unless you have a valid reason as set out in an eRaffs policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer.
- manipulate the price of any item or interfere with any other user’s listings.
- post false, inaccurate, misleading, defamatory, or libellous content.
- take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
- transfer your eRaffs account (including Feedback) and user ID to another party without our consent.
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
- use the contact information of other users for any purpose other than in relation to a specific eRaffs transaction on the eRaffs site (which includes using this information to send marketing materials directly to eRaffs users unless the user has given explicit consent to receiving these materials).
- distribute viruses or any other technologies that may harm eRaffs, or the interests or property of eRaffs users.
- use any robot, spider, scraper or other automated means to access our Services for any purpose.
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
- export or re-export any eRaffs application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights“) that belong to or are licensed to eRaffs. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to eRaffs or someone else.
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you.
- commercialise any eRaffs application or any information or software associated with such application.
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with eRaffs as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on eRaffs, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the UK).
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel this User Agreement. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy on offers to buy or sell outside of eRaffs, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of eRaffs, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the eRaffs site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
4. Abusing eRaffs
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties.
- we think that such restrictions will improve the security of the eRaffs community or reduce our or another eRaffs user’s exposure to financial liabilities.
- we think that you are infringing the rights of third parties.
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users.
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
We may change our fees or introduce new fees from time to time by posting the changes on the eRaffs site or via your dashboard 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all eRaffs Services, even if sales terms are finalised or payment is made outside of eRaffs. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the eRaffs site, even if the item does not actually sell.
You are required to have a payment method on file when selling on eRaffs. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
Seller fees don’t purchase exclusive rights to item exposure on eraffs whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references there to) or other content in any part of our Services, at our sole discretion.
6. Listing Conditions
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy;
- your listing may not be immediately searchable by keyword or category for up to 24 hours. eRaffs does not guarantee exact listing durations.
- when you create fixed-price listings, these will renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings will renew automatically once per calendar month until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date.
- you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the eRaffs site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest.
- content that violates any of eRaffs policies may be modified, obfuscated or deleted at eRaffs discretion.
- eRaffs has the right to revise product data associated with listings to supplement, remove, or correct information;
- we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyers’ location, search query, browsing site and history.
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query.
- seller’s history, including listing practices, Detailed Seller Ratings, eRaffs policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer’s query.
- to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- some advanced listing upgrades may only be visible on certain eRaffs Services.
- listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results, for example Promoted Listings;
- eRaffs duplicate listings policy may also affect whether your listing appears in search results.
- meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results.
- we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers.
- eBay advertises the Services and provides other eBay companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third-party advertising placements.
- eRaffs may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by eRaffs or by any eRaffs partners.
7. Purchase Conditions
When buying an item, you agree to comply with the rules for buyers and that:
- you are responsible for reading the full item listing before making a bid or commitment to buy.
- you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted).
- for motor vehicles and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer’s serious interest in the item.
8. International buying, selling and translation
Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
Your items may be listed on one or more of eRaffs international sites in addition to eRaffs.com. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage, you authorise eRaffs, in its discretion, to display your listings on eRaffs sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites.
When you sell your items internationally or purchase an item on an eRaffs site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other eRaffs site with respect to that purchase.
For sellers, you agree that we may display your listing for sale on an eRaffs site other than the site where you listed your item for sale, based on your shipping settings. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an eRaffs site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other eRaffs site with respect to that particular sale, as detailed in the International Selling Policy.
You authorise us to use automated tools to translate your eRaffs content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including eRaffs users). You may use that content solely in your eRaffs listings during the time your listings are on eRaffs sites. That permission is subject to modification or revocation at any time at eRaffs sole discretion.
We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete and up to date. You agree that eRaff is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all eRaffs policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name “eRaffs” and other eRaffs marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eRaffs in the UK and other countries. They may not be used unless expressly authorised by eRaffs in writing.
10. Data protection and Privacy
- You and eRaffs shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will eRaffs and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
- You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
- You shall process personal data received from eRaffs exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
- Failure to abide by the obligations may result in disciplinary action up to and including account suspension.
- As part of the Services, eRaffs has access to various information about users, including personal data. This includes information that users submit to eRaffs as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
- Via My eRaffs Dashboard and, upon request, via selling tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate).
- eRaffs only shares information about users with third parties if this is necessary for the provision of the Services or if eRaffs is legally or contractually entitled to do so.
- Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your eRaffs account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.
- For information regarding the processing of personal data by eRaffs, including sharing such data with third parties and your rights as a data subject.
11. Restricting Funds
Where PayPal is managing your payments and you are not using managed payments (as defined in Section 13), to protect against the risk of liability, eRaffs may recommend that PayPal restrict access to funds in a seller’s PayPal account based on certain factors. These factors include, but are not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
In connection with Managed Payments as described in Section 13, we may also restrict user access to funds based on the factors.
12. Additional Terms
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, eRaffs may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My eRaffs Dashboard. Where returns have been set to automatically accept requests, an eBay-generated return postage label will be provided to your buyer.
When an item is returned, to refund the buyer, (and provided the transaction was not processed via managed payments), you authorise eRaffs to request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, or alternatively place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
You authorise eRaffs to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file, when:
- an eRaffs-generated return postage label is used, and the seller is responsible for its cost.
- returns and refunds have been automated; and/or
- you fail to send your buyer a return postage label and instead an eRaffs-generated label is used.
When a transaction is cancelled (and provided the transaction was not processed via managed payments), and you choose to refund the buyer via eRaffs, you authorise eRaffs to request PayPal to reverse the refund amount (in the same or other currency) from the seller’s PayPal account to the buyer. See our cancelling a transaction policy for more details.
eRaffs Money Back Guarantee
Most eRaffs sales go smoothly, but if there’s a problem with a purchase, the eRaffs Money Back Guarantee helps buyers and sellers communicate and resolve issues. The eRaffs Money Back Guarantee policy is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
Under the eRaffs Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or eBay because a case is resolved in the buyer’s favour, we may:
- for transactions processed via managed payments, request the eRaffs entity which processed the payment to reimburse the buyer on your behalf pursuant to the eRaffs Money Back Guarantee policy. In the event that the funds held on the seller’s behalf are insufficient for refunding the buyer based on a successful eRaffs Money Back Guarantee claim, the seller is obliged to reimburse us for the amounts owed to the buyer. The sellers authorise us to recoup these amounts from the seller on our behalf in accordance with eRaffs policies and procedures (including any amounts resulting from International Transactions as stipulated in the eRaffs Money Guarantee policy).
- for transactions which are not processed via managed payments, remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item, the original postage cost and, where applicable, the return postage cost, in accordance with the seller’s authorisation provided to us under this User Agreement; or where there are insufficient funds in the seller’s PayPal account, directly refund the buyer for the cost of the item, the original postage cost and, where applicable, the return postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller’s chosen payment method or invoice the seller for the reimbursement amount.
Sellers must have a payment method on file with eRaffs. Sellers may change this payment method by contacting eRaffs. For this purpose, you, in the capacity of a seller authorise and instruct us to:
- where the transaction was processed via managed payments, collect or reverse variable amounts from your account to carry out a buyer reimbursement; or, where the transaction was not processed via managed payments, request PayPal to collect or reverse variable amounts from your PayPal account to carry out a buyer reimbursement in the transaction currency or in other currency holdings (representing payments related to eligible claims) where you do not have sufficient funds available in the transaction currency;
- where the transaction was not processed via managed payments, request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.
- charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the eRaffs Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred payment method. If sellers do not provide eRaffs with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the eRaffs Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the eRaffs Money Back Guarantee refund or reimbursement.
13. Managed Payments
The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that is using managed payments:
- You may pay for such items using those payment methods that the payments entity makes available, and the payments entity will manage settlement to sellers. By completing purchases from sellers who use managed payments, buyers authorise the payments entity to initiate payments using the buyers’ selected payment method and collect the transaction amounts on behalf of sellers. Buyers agree and understand that payments received by the applicable payments entity from buyers satisfy buyers’ obligations to pay sellers in the number of payments received.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with eRaffs internal risk controls or due to potential violations of any policy of eRaffs or the payments entity, or a policy of one of the payments entity’s third-party payments services providers.
- eRaffs, the payments entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on eRaffs Services when you make a purchase, redeem a coupon, or make any other transaction on eRaffs Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on eRaffs Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My eRaffs. You are responsible for maintaining the accuracy of information we have on file, and you consent to eRaffs updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
- You may seek returns or cancellations on eRaffs Services, or file eRaffs Money Back Guarantee claims on eRaffs Services, in the same manner as you do for transactions for which the payments entity does not manage payments. The payments entity refunds amounts paid for successful eRaffs Money Back Guarantee claims and returned or cancelled transactions in cases where the original payment was managed by the payment’s entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees or actions.
We try to keep eRaffs and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eRaffs Services may not occur in real time. Such functionality is subject to delays beyond eRaffs control.
We (including our parent, subsidiaries, affiliates, 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, directly or indirectly from:
- your use of or your inability to use our Services.
- pricing, postage or other guidance provided by eRaffs
- delays or disruptions in our Services.
- viruses or other malicious software obtained by accessing, or linking to, our Services.
- glitches, bugs, errors, or inaccuracies of any kind in our Services.
- damage to your hardware device from the use of any eRaffs Service.
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items.
- a suspension or other action taken with respect to your account or breach of the Abusing eRaffs section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, because of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. eRaffs 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 our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eRaffs Money Back Guarantee up to the price the item sold for on eRaffs and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of eRaffs Services or your breach of any law or the rights of a third party.
16. Legal Disputes
If a dispute arises between you and eRaffs, we strongly encourage you to first contact us directly to seek a resolution. eRaffs Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and eRaffs both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in eRaffs user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the eRaffs group (including, without limitation, in respect of any services provided by any member of the eRaffs group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an eRaffs credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of Members Dashboard or by posting the amended terms on www.eraffs.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an eRaffs representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the eRaffs site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement, but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
eRaffs works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team through your dashboard and we will investigate.
The User Agreement and all policies posted on our site are the entire agreement between you and eRaffs and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to TDBGroup Ltd, 20-22 Wenlock Road, London, UK N1 7GU. Company Number: 12413672. We shall send notices to you by email to the email address you provide to eRaffs during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.