Our Sellers Terms of Business

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Remember that time you bought something online and it turned into a frustrating, time-wasting hassle? Lots of our terms and conditions are there so that customers who buy from you (the seller) through us (BreakerYard.com) don’t have that experience and then stop using our service. The terms and conditions are also there to help make sure that no-one on our network is breaking the law. For these reasons, we take them pretty seriously. When you sign up to BreakerYard.com, you’re saying that you’ll stick to them. They’re not just a list of rules though; they’re also handy for anyone who wants to learn how to sell well online.

Summary

By logging into or using BreakerYard.com you agree to these Terms of Business and are therefore bound by them.

The quote system operates on a ‘pay as you go’ basis. You purchase a month in advance for the account to be active.

If you want to cancel your account, or put it on hold, a written notification to accounts@breakeryard.com is required 30 days prior to the next payment date.

All transactions made through BreakerYard.com are subject to the Consumer Contract Regulations.

You must provide the buyer with the following:
a. An accurate description of the goods they are buying
b. The price of the goods
c. Delivery and cancellation rights
d. Information about yourself as a seller

You must provide correct pricing, guarantees and delivery information at all times when using BreakerYard.com.

You must provide buyers with a clear returns policy and terms and conditions.

You must display high standards of customer service as BreakerYard.com will be introducing you as a preferred supplier. Failure to maintain service standards will lead to the account being deactivated with no refund

You must make sure that all parts are tested and adhere to the Consumer Rights Act 2015. Failure to do so will jeopardise service standards.

BreakerYard.com reserves the right to immediately deactivate an account should BreakerYard.com deem the supplier is acting in an improper manner. No refund will subsequently be made.

Our Terms of Business

1. Behaviour

1.1 Sellers must be respectful, honest and transparent.

1.2 Sellers must adhere to the terms and conditions. By using the BreakerYard.com system, sellers have accepted and will be bound by these terms and conditions.

1.3 Sellers must operate within the legal system.

1.4 Sellers must not impersonate BreakerYard.com.

1.5 Sellers will not sublet the BreakerYard.com system.

1.6 Sellers acknowledge that by using the BreakerYard.com system you have entered into a contract with Breaker Yard Limited. 

1.7 Breaker Yard Limited reserves the right to immediately deactivate an account should BreakerYard.com deem the seller is acting in an improper manner. No refund will subsequently be made.

1.8 Sellers must ensure high standards of buyer services as Breaker Yard Limited will be endorsing your company. Failure to maintain service standards will lead to the account being deactivated with no refund.

1.9 Sellers must provide genuine quotes/listings.

1.10 Sellers must supply genuine parts.

1.11 Sellers must provide correct pricing, guarantees and delivery information to buyers at all times.

1.12 Sellers must log onto the system each morning.

1.13 Sellers must respond to all communications within 2 hours. An answer phone is required.

1.14 Sellers must keep the request screen empty by deleting or replying.

1.15 Sellers must not cherry pick requests.

1.16 Sellers must reply within 30 minutes of a buyer part request.

1.17 Sellers must not display direct contact information and alternative payment methods outside of the BreakerYard.com system. 

2. Product availability

2.1 Sellers must ensure the items offered are in stock and are delivered to the buyer, unless the buyer doesn't meet the terms of your listing.

2.2 Sellers must immediately let the buyer know if there is a problem beyond your control. The seller is responsible for letting the buyer know when the item will be dispatched, or issuing a full refund immediately.

2.3 Sellers must not list an item that may be out of stock by the time of purchase.

2.4 Sellers must not dispatch an item that was not ordered by the buyer. 

3. Sellers terms and conditions

3.1 Sellers must clearly specify the terms and conditions of the sale on the listing, so buyers know what to expect.

3.2 Sellers must meet the expectations you’ve set in your listing and include the following information on your listing:
3.2.1 Return policy
3.2.2 Postage and packaging method, fees and other information
3.2.3 Taxes and any applicable government imposed fees
3.2.4 The terms of the transaction laid out for buyers

3.3 Sellers must not provide inconsistent or misleading information on the terms and conditions of the sale.

3.4 Sellers must not change the terms of the sale once a buyer has committed to purchase the item.

3.5 Sellers must not list different postage and packaging charges in the listing description and the packaging charges fields of the sell your item form.

3.6 Sellers must not provide false tracking information.

3.7 Sellers must not state acceptance of returns in the listing, but refuse to honour it after the item has been purchased, even if the item meets the stated requirements.

3.8 Sellers must not use BreakerYard.com's artwork and expressions. 

4. Communication

4.1 Sellers must respond promptly to any questions during the buying process, and after the item has been purchased.

4.2 Sellers must be friendly and professional in all communication, including emails.

4.3 Sellers must send postal updates with tracking information, if available.

4.4 Sellers must be responsive to any buyer concerns or problems.

4.5 Sellers must not use profane or offensive language with anyone using the service provided by Breaker Yard Limited.

4.6 Sellers must not send anyone inappropriate images including nudity, profanity, or content not related to a BreakerYard.com listing.

4.7 Under the Electronic Commerce (EC Directive) Regulations 2002 sellers must provide the following information in the Business Seller Information section of your listings:
4.7.1 Full contact details for your business, including the geographical address
4.7.2 Details of any relevant trade organisations to which you belong
4.7.3 Details of any authorisation scheme relevant to your online business
4.7.4 Clear indications of price, if relevant, including any delivery or tax charges
4.7.5 Your VAT number, if your online activities are subject to VAT 

5. Complaints

5.1 Sellers must acknowledge all complaints within 24 hours.

5.2 Sellers must resolve all complaints within 14 working days.  

6. Refunds, returns and exchanges

6.1 Sellers must resolve all refunds, returns and exchanges within 14 working days.

6.2 If a part is returned by the buyer in warranty, the seller must issue a full refund providing the part has not been tampered with.

6.3 Sellers must display a clear returns policy which can reassure potential buyers.

6.4 Legal obligations state for business sellers, if you trade as a business, you're legally obliged to sort things out for your buyer if an item is faulty or arrives damaged. A buyer has the right to return an item to you if they change their mind up to 14 days after they have received the item.

6.5 Sellers must adhere to the Consumer Contracts Regulations (buyers' legal right to cancel a purchase):
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf 

6.6 Sellers must notify the buyer of the time period in which a part can be returned.

6.7 Sellers must notify the buyer who pays for the return postage. If not specified by the seller, the seller is under the obligation to cover the cost.

6.8 Under the Consumer Contracts Regulations, the seller must refund the original outbound postage cost (the basic cost only, even if the customer paid for more expensive delivery) should a buyer decide to return an item within 14 days after having received the item. 

6.9 Sellers must notify the buyer if there are item conditions required for return, and clearly state those conditions.

6.10 Sellers must notify the buyer how the refund is issued (for example, money back, or exchange for an identical item).

6.11 Sellers must notify the buyer how long it will take for a return to be processed and the money refunded back into the buyer's account.

6.12 Sellers must not charge restocking fees or any type of administration fee. This is a legal obligation.

6.13 Sellers must not include returns information in the item description where buyers may not see it.

6.14 A default returns policy will be displayed if the seller does not provide one. 

7. Disputes

7.1 In the event of a dispute only a buyer can open a case against the seller.

7.2 Sellers must reply within 24 hours to a buyer's case, or BreakerYard.com may review the case and make a final decision. 

7.3 Sellers must be aware that if 4 cases are opened or more the account will be suspended and listings ceased until the cases are cleared.

7.4 If any seller puts BreakerYard.com into disrepute the account will be immediately deactivated with no refund payable. 

8. Payments and subscriptions

8.1 Subscription Payments
8.1.1 The monthly subscription fee operates on a 'pay as you go' basis.
8.1.2 Subscription payments made through PayPal and Credit cards are subject to a 2.5% surcharge. Once the first monthly payment is agreed subsequent monthly payments will be debited from the same account, unless we are notified of changes in the payment method preferred.
8.1.3 Sellers must pay the subscription fee by credit/debit card, PayPal or standing order.

8.2 Marketplace Transactions
8.2.1 A 5%+ VAT non-refundable transaction fee will apply to all listed parts sold through Marketplace.
8.2.2 Refunds will be subject to a PayPal surcharge payable by the seller. 
8.2.3 Sellers must hold an account with PayPal.
8.2.4 Sellers’ PayPal accounts must be kept solvent at all times.
8.2.5 Sellers cannot receive cash or BACS transfer payments for parts bought by BreakerYard.com buyers.
8.2.6 A non-refundable final transaction fee of 5% + VAT is payable online for any item sold through the ‘Marketplace’ on BreakerYard.com.

8.3 Other
8.3.1 Sellers must make all payments on time.
8.3.2 Sellers must not encourage or allow buyers to make direct payments into seller personal accounts, or business accounts. 

9. Cancellation

9.1 Should a seller wish to cancel or put their account on hold, a written notification by email to accounts@breakeryard.com is required 30 days prior to the next payment date.

10. Warranty

10.1 Sellers must provide a warranty for all items. Under the Consumer Contracts Regulations, the minimum guarantee for any item is 30 days.

11. Feedback

11.1 Sellers must be aware feedback is an essential tool for building reputation and growing the business with BreakerYard.com. It's meant to be an open and honest place for BreakerYard.com members to share their experiences with other potential buyers.

11.2 Sellers must be aware inappropriate feedback comments will be removed.

11.3 Sellers must not work with other members to artificially increase the feedback score.

11.4 Sellers must not require buyers to leave specific feedback or detailed seller ratings - whether by setting restrictive terms about feedback in a listing, or refusing to honour your obligations after a sale until the buyer leaves positive feedback (considered feedback extortion). 

12. Postage and related charges

12.1 Sellers must specify postage, packaging charges and related service charges in the listings.

12.2 Sellers must not provide unclear delivery information or charge unreasonable fees for postage and related services.

12.3 Sellers can charge:
12.3.1 Actual postage cost: This is the final postage and packaging charged. Consider what others in the market charge for delivery of the item being sold to ensure you remain competitive. Also be consistent with BreakerYard.com policies for the postage and packaging charges.
12.3.2 Packaging cost: This can include the cost of packaging materials.
12.3.3 Extra services: If these options are offered to the buyer, you can only charge what they actually cost. Examples of services including:
12.3.3.1 Special dispatch fees (courier, weekend, bank holidays).
12.3.4 Tax and government imposed fees: Only applicable duties VAT or equivalent taxes may be charged.

12.4 The seller must ensure the advertised postage and packaging cost is not higher than the actual postage and packaging cost.

12.5 Sellers can offer free postage and packaging to select or all destinations.

12.6 For a delivery with free postage and packaging, no other fees related to postage, dispatch, insurance or packaging can be charged.

12.7 Sellers must not charge:
12.7.1 Insurance: Sellers are not allowed to charge buyers a separate fee for insurance.
12.7.2 Tariffs, duties, and customs fees: For international transactions, sellers are not allowed to collect tariffs, duties, or customs fees. (Buyers are responsible for paying these fees as required by country laws.)

12.8 Sellers must not inappropriately classify an item as a gift in order to avoid certain duties, tariffs, or customs fees. UK law prohibits submitting false or misleading customs information. 

13. Dispatch

13.1 Sellers must deliver all parts within the estimated time given.

13.2 Sellers must verify all parts before dispatch.

13.3 Sellers must clearly and accurately specify in a listing when the item will be dispatched.

13.4 Sellers must use tracking, delivery or signature confirmation.

13.5 Sellers are responsible for all items delivered.

13.6 Sellers must test all mechanical and electrical parts and adhere to the Consumer Rights Act 2015 before being dispatched. Failure to do so could jeopardise service standards. Should we receive repeat similar complaints here at BreakerYard.com then deactivation will follow.

13.7 Sellers must not use the following statements:
13.7.1 'I am not responsible for the item once it's been dispatched.'
13.7.2 'I am not responsible for items lost or damaged in the post.'
13.7.3 'Without insurance, I cannot be responsible for items lost or damaged in the post.'

13.8 Sellers must not list parts without a dispatch time.  

14. HM Revenue and Customs

14.1 Sellers must adhere to the HM Revenue and Customs rules found here: http://www.hmrc.gov.uk/VAT/managing/charging     

15. Legal requirements

15.1 The Consumer Rights Act 2015 (as amended), places numerous legal obligations on business sellers. In particular, items sold on BreakerYard.com by sellers to buyers must be:
15.1.1 of "satisfactory quality";
15.1.2 "as described"; and
15.1.3 “fit for purpose”.

15.2 To find out more and to ensure your goods are of satisfactory quality, as described and fit for purpose please see the Consumer Rights Act Legislation here: https://www.gov.uk/government/publications/consumer-rights-act-2015/consumer-rights-act-2015

15.3 All sellers must adhere to the Consumer Contracts Regulations (buyers' legal right to cancel a purchase): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

15.4 The Consumer Protection from Unfair Trading Regulations 2008 prohibits businesses from treating buyers unfairly. In particular, a misleading act or omission by the seller, which results in the buyer purchasing an item that they would not have otherwise have purchased, is a criminal offence in most cases.

15.5 Under the Electronic Commerce (EC Directive) Regulations 2002, business sellers must provide clear indications of price, if relevant, including any delivery or tax charges and your VAT number, if your online activities are subject to VAT.

15.6 Buyer protection concerning Unfair Trading Regulations 2008 prohibits business sellers from engaging in unfair commercial practises which harm buyers’ economic interests.

15.7 Sellers must not mislead buyers about the price of a product, or the manner in which the price is calculated.

15.8 Sellers must not mislead buyers as to the existence of a specific price advantage.

15.9 Sellers must not omit information on the price or any related charges including taxes, delivery and postal charges, unless these are already apparent from the context.

15.10 Sellers must not mislead or provide confusing information about the applicability of taxes or customs fees that may be payable on the item which are not included in the sale or postage price. 

16. Breaches of these terms may result in a range of actions, including:

16.1 Listing cancellation

16.2 Limits on account privileges

16.3 Account suspension

16.4 Forfeiture of fees paid to Breaker Yard Limited

16.5 The right to take legal action