Last updated: January 2022
1.2 Who we are. The Site is owned and operated by Kindora UK Limited a company incorporated under the laws of England, with a company registration number 13623561 and registered address at 3rd Floor, 1 Ashlet Road, Altrincham, Cheshire, WA14 2DT (“we”, “us” or “our”). Our VAT number is 3770935LH
1.3 You. When we say “you” or “your”, we mean any person who visits, accesses or uses the Site. You confirm that you will use the Site for your own personal and domestic use and will not use it for any commercial or business purposes.
1.4 Agreement. By accessing or using the Site, you confirm that you have read and accept the Terms,and are agreeing to comply with the Terms. When accessing and using the Site you must comply at all times with these Terms and with all applicable laws. If you do not agree with the Terms, you must not access or use the Site.
1.6 Contacting us. If you want to learn more about Kindora or have any questions for us you should first look at our online FAQs and support resources. If you are still experiencing issues, please do not hesitate to contact us at firstname.lastname@example.org. By sending us suggestions or other feedback regarding the Site, you agree that we can use and share that feedback for any purpose without payment or obligation.
2. YOUR ACCOUNT
2.1 Eligibility. To buy and sell Items on the Site you must create an account. To open and use an account you must be:
at least 18 years old and capable of entering into a legally binding contract to use the Site;
resident in the United Kingdom;
acting as a consumer i.e. outside of your trade, business, craft or profession; and
the authorised user of the credit or debit card or payment account used to pay for your Item(s)
2.2 Information you provide. You confirm that all information you provide when interacting with the Site is accurate, up-to-date and truthful and you will keep that information up-to-date.
2.3 Account details. You are responsible for keeping your username and password safe and secure. You must immediately tell us if at any time someone else learns your username and password. You are responsible for all activity on your account and anything that happens using your username or password. If you believe that your account has been misused, you must tell us immediately.
3. KINDORA MARKETPLACE (PEER TO PEER SALES ONLY)
3.1 Buying and selling. If you are a registered user, you can make offers to buy and sell Items through the Site. You are not allowed to buy or sell Items that breach our Terms, break any laws, are objectionable, or that we otherwise ban. You acknowledge that any views expressed by users of the Site do not necessarily represent our views or values.
3.2 Access the Site. You are responsible for making all arrangements necessary for you to have access to or use of the Site and for ensuring that your devices and software meet the minimum specifications and are configured correctly.
3.3 Private seller obligations. The seller must itself write a clear listing for the Item. At all times, sellers have discretion to set their own price for an Item. Item listings by sellers on the Site are not legally binding offers from us. It is up to the seller to provide information and images of the Item. The seller (and not us) is responsible for all information, images about an Item listing, and for all typographical errors, inaccuracies or omissions relating to the Item listing, condition, price, description or availability. Given the nature of the Site, the seller is solely responsible for ensuring that any age restricted Items are clearly marked in a listing. The seller is responsible for all taxes, customs charges or import duties relating to its sale and delivery of Items through the Site, except if the law says otherwise.
3.4 Contract. When a private buyer and a private seller agree the sale of an Item through the Site, a binding contract of sale is made solely between the buyer and seller. Users should be aware that they are entering into a contract with a private buyer or seller on the Site who is not acting for purposes related to their trade, business or profession.
3.5 Our role. You acknowledge that our role is limited to: acting as an intermediary between users (in most cases) in respect of any Items that users buy or sell through the Site. We provide the platform for users to connect users with each other; and selling Items directly to you. We do not ordinarily take possession of any Items that users may buy or sell through the Site unless you ask us to do so, in which case we offer a quality control, clean and refurbishment service through our appointed third-party service provider. This service is made available to you when you list the Item for sale as an “add-on” service package.
3.6 Updates to the site. We may update the Site from time to time (for example, to reflect our users’ needs, improve performance, reflect changes to our business, reflect changes to our products, or to address security issues or changes in law) but we have no obligation to update any information on the Site.
4. PAYMENT & FEES
4.1 Buying. If you are buying from another seller or buying from us directly at the time you make your purchase you must pay the Item price listed on the Site (including VAT) plus a delivery charge. Our third party payment services provider accepts payment by most major credit / debit cards. We do not list the delivery charge until you checkout because it may vary depending on where the buyer lives. The buyer does not pay any fees or commission to us and the total amount the buyer must pay is displayed at checkout.
4.2 Our Fees. When the buyer and seller agree the sale of an Item through the Site, the seller must pay a fee to us and the actual fee payable will depend on the total transaction amount received by the seller (including VAT and any other applicable taxes), the cost of getting the Item to our workshop, and our costs of cleaning and screening once it’s there (“Fee”). When a seller lists an Item on the Site, we will tell the seller how much they stand to make. Our third party payment processor may charge the seller an additional payment processing fee and users should ensure they are familiar with the terms and conditions of any third party payment processors. We will deduct our Fee from the funds transferred to the seller by the buyer through our third party payment processor.
4.3 Complaints & refunds. For peer to peer sales there is no legal requirement for the seller to offer refunds. The buyer and the seller will need to arrange any refunds between themselves. As such, we encourage buyers to find out the seller’s policy on returns before purchasing an Item. Buyers should direct all queries, complaints and refunds requests related to an Item directly to the seller and engage directly with the seller about an Item, its condition, price, fulfilment or return. The Fees paid to us, the fees paid to a third party payment processor and any delivery charges are non-refundable. If the seller is not able to resolve the buyer’s issue the buyer may pursue any remedy available to it against the seller, but the buyer acknowledges that we will not be involved in and do not have to provide any assistance on dispute resolution or refunds between the buyer and the seller. For complaints related to purchases from us directly please refer to section 12.9.
4.4 No direct sales. To protect the Kindora community, buyers and seller are only allowed to sell Items through the Site and are not permitted to make direct arrangements with each other or use a payment method other than that offered through the Site. Breaking this rule may, among other things, result in immediate suspension or termination of your account and a permanent ban.
5. KINDORA WORKSHOP & DELIVERY
5.1 Getting the Item to us. If you are a seller you may send the Item to our workshop in one of the following ways:
you can print our label, use your own packaging, and post the Item to us (we’ll add these postage costs to our Fee);
we’ll send you packaging and a label, you pack the Item and post it to us (we’ll add these postage and packaging costs to our Fee); or
we’ll collect the Item directly from you (this service costs more than options (a) and (b) above but we’ll give you an exact quote of the amount we will add to our Fee for this service when you list the Item).
5.2 Workshop. Once we receive the Item from the seller it passes through our workshop on its way from the seller to the buyer. In our workshop, the Item is cleaned and screened, packed and dispatched to the buyer.
5.3 Risk and title. When entering into a contract with a private buyer the Item remains the property of the seller until the funds are transferred to the seller from the buyer and we have deducted our Fee. Risk of loss or damage to an Item transfers from the seller to the buyer on the buyer’s receipt of the Item. When purchasing directly from us please refer to section 12.7 for the relevant provisions.
6. SUSPENSION AND TERMINATION
6.1 Deleting your account. These Terms are effective unless and until you or we delete your account. You may delete your account at any time through the settings function of the Site.
6.2 Our rights. If you repeatedly breach these Terms or your conduct or listings damage our reputation and goodwill, we have the right to temporarily or permanently suspend, disable or delete your account or to remove you from the Site. If you commit a serious breach of these Terms we have the right to immediately delete your account and remove you from the Site. If we delete your account in accordance with this section, you may not register again and we have the right to block your email address and IP address to stop you registering again. We may, at any time, limit, suspend or withdraw the availability of all or any part of the Site. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal. We are not liable to you or to any third party for any modification, suspension or discontinuance.
7. RIGHTS IN CONTENT
7.1 Our Content. We are the owner or licensee of all intellectual property rights in the Site and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Site (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws around the world. No licence is granted to you in these Terms or elsewhere to use any trade mark owned by us or any of our affiliates. You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Site, unless we agree in writing in advance. You must not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance. We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Site (or any part of it) and we are entitled to take any legal action we deem appropriate.
7.2 Your Content. You are responsible for all text, images, video, audio or other material and information that you upload or transmit on or through the Site (“Your Content”). We are allowed to use any and all of Your Content for any reason we choose and without any payment to you. You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, copy, transmit, reproduce, distribute, adapt, modify, translate, create derivative works, publicly display and import Your Content, including, all copyrights, trademarks, patents and other intellectual and proprietary rights related to them, in any current or future media, for any purpose, including, giving the Your Content to others, without any payment to you. You waive any moral rights you may have in Your Content to the maximum extent allowed by applicable law.
7.3 Your representations. You represent and warrant that Your Content complies with these Terms and that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of Your Content. You further represent and warrant that you own or have a right to share any of Your Content and that Your Content does not violate the rights (including the privacy or intellectual property rights) of any person. We do not moderate any of Your Content before you upload it, but we are, at any time, entitled to edit, remove or block access to Your Content if, in our opinion, Your Content does not comply with these Terms or applicable law. We are not responsible or liable to any third party, for the contents or accuracy of Your Content.
8. ACCEPTABLE USE
8.1 You must not (and you must not to allow anyone to):
- deceive any person, impersonate any person, or misrepresent your identity or the condition or availability or an Item;
- supply any false or misleading information to us or to other users;
- break any applicable law or promote illegal activity or violence;
- sell any counterfeit, fake or dangerous Items or any Items that may infringe the rights of another person;
- create more than one account (unless we agree otherwise);
- transmit or assist in the transmission of any material that is illegal, defamatory, racist, sexist, false, misleading, pornographic, harassing, discriminatory, hateful, obscene, offensive or otherwise objectionable to us, our staff, or any other person;
- use the Site or create a new account if we have previously suspended or banned you;
- send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
- transmit, or assist in the sending of, any unsolicited or unauthorised advertising, promotional material or spam;
- collect or track the personal information of others;
- harvest or collect any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running our services;
- use the Site in any way that could hack, disrupt, damage, compromise, overburden, disable or impair the Site, anyone’s server, systems or networks; or
- reproduce, reverse-engineer, disassemble, de-compile, duplicate, copy, re-sell or create derivative works from the whole or any part of the Site or attempt to do any of these things.
9. LINK TO THIRD PARTIES
Certain information, products and services available through the Site may include materials from third parties. The Site may contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third parties or third party websites or their availability or accuracy. We do not warrant and have no liability or responsibility for any third party materials or websites, or for any other information, products or services of third parties. You use and access these at your own risk. You should carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions to the relevant third party.
10.1 Our responsibility. Without affecting paragraph 10.7 below, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both you and we knew it might happen. We are not responsible for any loss or damage you suffer that is not foreseeable.
10.2 Where we do not exclude loss. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. If you are a consumer, you have certain rights that cannot be excluded by contract and these Terms do not limit or affect any of those rights.
10.3 User responsibilities for information. We do not review or verify whether the information or material a seller or a buyer provides to us, to each other, or to anyone else through the Site is accurate, up to date, complete or representative. To the extent that a user provides any inaccurate or incomplete information or material we have no liability or other responsibility for inaccuracy, errors or omissions in the Site, or for any inability of a user to use or benefit from the Site.
10.4 What we can’t guarantee. By using the Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any user content or other information, text, media, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted. We are not responsible for any acts or omissions of a buyer, seller or any other person. The Site is provided “as is” and “as available” without any representations, undertakings, guarantees or warranties of any kind (whether express, implied, statutory or otherwise) including with respect to merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, security, accuracy or any other matter. We do not guarantee that the Site will always be available, accurate, complete, current, uninterrupted or error-free, that errors or defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other harmful elements. If a user is not happy with the Site its sole remedy is to terminate its user account.
10.5 Limitations of our workshop. Our Site facilitates individual sellers offering Items for sale to individual buyers. It is up to each buyer and seller to decide whether to go ahead with the purchase or sale of an Item. Although we make reasonable efforts to clean and screen the Item before a buyer receives it, all we can do is check whether the Item matches the description posted by the seller on the Site listing. We offer no guarantees or commitments on the ability of private sellers to fulfil sales, or on the existence, condition, quality, suitability, legality, price or safety of any Item listed on the Site. We cannot guarantee the truth or accuracy of any description or image of an Item or that the Item will meet a buyer’s needs or expectations. We are not liable for any loss, damage or disappointment in connection with an Item.
10.6 Business losses. The Site is for domestic and household use by private individuals only. Use of the Site for any commercial, business or resale purpose is prohibited, and we accept no liability for any loss of profit, loss of business, damage to reputation, loss of goodwill, loss of or corruption of data, loss of anticipated savings, business interruption, loss of business opportunity or any similar losses.
10.7 Limitation of our liability. It is fair and reasonable to limit the total amount of liability we have to each user of the Site. To the extent applicable law allows, for any liability which cannot lawfully be excluded but can be limited, our total aggregate liability to a user (whether in contract, tort (including negligence) or any other statutory duty) for any losses, liabilities, damages, claims and costs arising out of or in connection with an Item, these Terms or use of the Site, will not exceed in aggregate for all claims the lower of: (a) the sum of all Fees received by us involving that user in the 12 month period before the date the claim first arose; and (ii) £150.
10.8 Claims against us. If someone makes a claim against us because of: (a) your breach of law; (b) your breach of these Terms; or (c) any act or omission by you, you agree to indemnify us and our affiliates, directors and staff in full for all losses, liabilities, damages, demands, costs and expenses (including reasonable legal fees) that we or any of them suffer, incur or pay out arising out of or in connection with that claim. If we choose to conduct the defence of that claim, you must assist us if we reasonably request. [Note to Kindora/22 Nov: this indemnity will be challenging to enforce under English law, and potentially worthless. To avoid the term being deemed unreasonable, you may need a separate “tick box” user acceptance for indemnities on the website.]
10.9 Release. If a complaint or dispute arises between a buyer and a seller, each user agrees to release us (and our affiliates, directors and staff) from all losses, damages, claims and costs of any kind, arising out of or in connection with those complaints or disputes.
11.1 Interpretation. In these Terms, the singular includes the plural. The paragraph headings do not form a part of these Terms. These Terms are personal to you and there are no third party beneficiaries to these Terms.
11.2 Changes to the Terms. We recommend that you check the Terms regularly to ensure that you understand the Terms that apply at that time. We will try to give you reasonable notice of any significant changes to the Terms by posting of notice on the Site of any changes. Your continued use of or access to the Site following that notice indicates your acceptance of those changes.
11.3 Transfer and Assignment. You are not allowed to assign, novate or transfer any or all of your rights and obligations under these Terms to anyone unless we agree in writing in advance. We may assign, novate or transfer any or all of our rights and obligations under these Terms to another organisation without your consent. We will always tell you in writing if this happens. If you are unhappy with the transfer, you can cancel your account in accordance with these Terms.
11.4 Force Majeure. We are not responsible or liable for any failures or delays caused by an event outside our control. We will contact you as soon as reasonably possible to update you and our obligations under your contract will be suspended, with the time for performance extended for the duration of the relevant event.
11.5 Entire Agreement. These Terms (including any additional policies or conditions that we provide when you engage with a feature of the Site), are the only agreement between you and us regarding the Site and supersede all previous agreements, representations, warranties and understandings between you and us regarding the Site.
11.6 Severability. Each of the paragraphs of these Terms operates separately. If a court or relevant authority finds any part of these Terms to be invalid, unlawful or unenforceable then the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the parties agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.
11.7 Remedies. If we do not act to enforce these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you if you break these Terms that will not mean that you do not have to do those things. We may take any relevant steps against you later. Our rights under these Terms are in addition to and do not exclude or limit any other rights or remedies provided by law.
11.8 Governing law. The existence, formation, interpretation, operation and termination of these Terms and any claim, matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by an interpreted in accordance with the laws of England and Wales. The courts of England have exclusive jurisdiction to hear and determine any claim, matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with these Terms. If you are a consumer resident in the European Union, you may benefit from any mandatory provisions of the law of the member state in which you reside and nothing in these Terms, including in this paragraph, affects any such rights as a consumer to rely on such mandatory provisions of local law (if and to the extent they apply). If you have a compliant you may be able to use the European Commission’s Online Dispute Resolution platform, which can be found at www.ec.europa.eu/consumers/odr.
12. DIRECT SALES FROM US TO YOU
12.1 We do offer to sell Items directly to you. Section 12 of these Terms applies only to all business to consumer sales of goods located on our Site, mobile app, content and other services we offer, and not peer to peer sales.
12.2 For any Items we sell directly to you we guarantee that:
- we have the right to sell the goods to you;
- the goods will be of satisfactory quality;
- the goods will be fit for the purpose for which it was designed by the manufacturer;
- the goods will be as described in the advertisement on our Site;
- the goods will be assembled correctly by us, in accordance with the manufacturer’s instructions; and
- the goods will conform to the requirements as stated in the contract between you and us.
12.3 We do not provide any samples or provide models of any Items that can be examined prior to purchase. We therefore give no warranty that the pictures on our Site are totally accurate.
12.4 Where the above Terms in 12.2 are breached by us you shall be entitled to:
- reject the goods and treat the contract as at an end, provided the time limit for exercising this right has not passed. This time limit is 30 days beginning with the first day after ownership of the goods have been transferred to you and after the goods have been delivered to you;
- require us to repair or replace the goods within a reasonable time and bear any necessary costs incurred in doing so;
- require us to reduce by an appropriate amount the price you are required to pay under the contract; and
- a refund from us for anything already paid or otherwise transferred by you above the reduced amount
12.5 We will try to deliver any order as soon as possible and in any event within a maximum of 30 days. If we cannot deliver the goods within this time, we will update you as soon as possible and seek to clarify a revised delivery time. If we cannot provide another time, we will cancel the order and process a refund to you using the same payment method with which you made the purchase, within 30 days.
12.6 You have the right to return the Item to us once received, without giving a reason at any time up to 14 days after the day on which you receive the Items. To exercise your cancellation rights please contact us at email@example.com. You may need to arrange for return delivery of the Items, which may be at your cost, and this will be notified to you. Once returned, we will inspect the Item(s) and arrange for a refund to be issued to you. Please note that we may reduce your refund to reflect any reduction in the value of the Items if this has been caused by you handling them in any way that would not permitted in a shop.
12.7 Risk in the Items shall remain with us until they are delivered to you. The Item(s) will belong to you once you have paid for them in full.
12.8 All Items are sold subject to availability.
12.9 For any concerns please contact firstname.lastname@example.org. We will attempt to acknowledge your complaint within 5 working days. In handling the complaint we will try to advise you how long it will take to resolve and we will try to keep you informed.