Introduction to Our Terms of Business
As a seller, you are responsible for ensuring a smooth and professional transaction with your buyers.
This includes setting buyer expectations by providing accurate and consistent details regarding your item(s) and the terms and conditions of the sale. You must also make every effort to meet buyer expectations by offering excellent buyer service from purchase to item delivery, such as charging reasonable postage & packaging fees, stating your dispatch time, communicating promptly and professionally throughout the transaction and ensuring the item is delivered to the buyer as described.
1.1 Sellers must be respectful, honest and transparent
1.2 Sellers must adhere to the terms of conditions
1.3 Sellers must operate within the UK legal system
1.4 Sellers must not impersonate Breakeryard.com
1.5 Sellers will not sublet the Breakeryard Ltd system
1.6 Sellers must agree to the Breakeryard Terms of Business
1.7 Breakeryard Ltd reserves the right to immediately de-activate an account should Breakeryard deem the seller as acting in an improper manner. No refund of subscriptions will subsequently be made.
1.8 Sellers must ensure high standard of buyer services as Breakeryard Ltd will be endorsing your company. Failure to maintain service standards will lead to the account being de-activated with no refund of subscription.
1.9 Sellers must provide genuine quotes/listings
1.10 Sellers must supply genuine parts
1.11 Sellers must provide and honour 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 – answer phone required
1.14 Sellers must keep the request screen empty by deleting or replying and action all parts sold.
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 Ltd.’s 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 quote or listing
2.2 Sellers must immediately let the buyer know if there is a problem that's beyond their
control. The seller is responsible to let the buyer know when the item will be available,
or issue a full refund immediately
2.3 Sellers must not quote or list an item that may be out of stock
2.4 Sellers must not dispatch an item that was not ordered by the buyer
3. Seller’s Terms and Conditions
3.1 Sellers must clearly specify their terms and conditions of the sale on the listing, so buyers know what to expect
3.2 Sellers must include the following information on their 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 Tell buyers about the terms of the transaction in your quote or listing
3.2.5 Meet the expectations you've set in your quote or listing
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
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 Ltd.’s artwork and expressions
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 Breakeryard.com
4.6 Sellers must not send anyone inappropriate images including nudity, profanity, or content not related to a Breakeryard.com quote or 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 & Disputes
5.1 Sellers must acknowledge all complaints within 24 hours
5.2 Sellers must resolve all complaints within 3 working days
5.3 If a seller fails to resolve a complaint and that complaint is referred to Breakeryard Ltd an administration charge of up to £80.00 will be levied against the breaker.
5.4 If the complaint is not resolved within 24 hours after Breakeryard Ltd.’s involvement a further charge up to £80.00 per day will be levied each day until the issue is resolved.
5.5 If a buyer makes a serious complaint which is upheld by Breakeryard Ltd. The Seller will be deactivated immediately with no subscription refund payable.
5.6 If a buyer has three complaints against their account they will be deactivated immediately with no subscription refund payable
5.7 If any seller puts Breakeryard into disrepute the account will be immediately deactivated with no subscription refund payable
6. Refunds, Returns and Exchanges
6.1 Sellers must adhere to the Distance Selling Regulations (buyers' legal right to cancel a purchase). Please refer to: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
6.2 Sellers must resolve all refunds, returns and exchanges within 3 working days
6.3 Legal obligations state for business sellers, if you trade as a business, you are legally obliged to resolve all issues 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.
6.4 Sellers must display a clear returns policy which can reassure potential buyers
6.5 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
6.6 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 (Refer to point 6.1). As a general guide:
6.7.1 The part is delivered and is fit for purpose but the buyer wants to return it. The buyer will pay the return postage
6.7.2 The wrong part is delivered. The seller will pay for reasonable return postage
6.7.3 The part is faulty. The seller will pay for reasonable return postage.
6.8 Sellers must notify the buyer how the refund is issued
6.9 Sellers must notify the buyer if there are conditions for the return and clearly state those conditions. (Note: Under the Distance Selling Regulations, business sellers cannot insist that buyers return the item in a certain condition.)
6.10 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
6.11 Sellers must not charge restocking fees or any type of administration fee. This is a legal obligation
6.12 Sellers must not insist that buyers return the item in a certain condition. This is a legal obligation under the distance selling rules
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 by Breakeryard Ltd. if the seller does not provide one.
7. Payments & Subscriptions
7.1 The monthly subscription fee operates on a 'pay as you go', 6 month or 12 month contract basis after the first 3 months.
7.2 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.
7.3 Sellers must pay the subscription fee by credit/debit card, Paypal or standing order
7.4 There will be an annual inflation increase to the subscription each April in line with the RPI published in January of that same year.
7.5 Breakeryard Ltd. Reserves the right if a seller fails to meet a quote average of 90% of all request received within the first three months of account activation it could result in a forfeiture of subscriptions and a charge of 3 months’ notice period should the seller terminate their account
8. Online Shop Transactions
8.1 Sellers must hold an account with Paypal
8.2 Sellers Paypal account must be kept solvent at all times
8.3 Sellers cannot request cash or BACS payments for parts purchased by Breakeryard.com buyers
8.4 A non-refundable agreed transaction fee will be charged + VAT is payable online to Breakeryard Ltd.
9.1 Sellers must agree to make all payments on time
9.2 Sellers must not allow buyers to make direct payments into seller personal accounts, or business accounts.
10.1 Sellers must provide a warranty for all items in accordance with current legislation
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. All feedback, comments and complaints will be posted on the seller’s website profile page as directly received by Breakeryard.com
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 their obligations after a sale until the buyer leaves positive feedback (considered feedback extortion)
12. Postage and Related Charges
12.1 All deliveries will be honoured as per the listings or as quoted
12.2 Sellers must specify postage, packaging charges and related service charges in the Marketplace listings or through the quote system
12.3 Sellers must not provide unclear delivery information or charge unreasonable fees for postage and related services
12.4 Sellers can charge:
12.4.1 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
12.4.2 Packaging cost: This can include the cost of packaging materials
12.4.3 Extra services: If these options are offered to the buyer you can only charge what they actually cost. Examples of services including: Special dispatch fees (courier, weekend, bank holidays)
12.4.4 Tax and government imposed fees: Only applicable duties VAT or equivalent taxes may be charged
12.5 The seller must ensure the advertised postage and packaging cost is not higher than the actual postage and packaging cost
12.6 Sellers can offer free postage and packaging to select or all destinations
12.7 For a delivery with free postage and packaging no other fees related to postage, dispatch, insurance or packaging can be charged
12.8 Sellers must not charge:
12.8.1 Insurance: Sellers are not allowed to charge buyers a separate fee for insurance unless specifically requested by the buyer or you offer this as a service
12.8.2 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.)
12.9 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
13.1 Sellers must deliver all parts in accordance to their advertised listings or quote information
13.2 Sellers must verify all parts before dispatch
13.3 Sellers must notify the buyer immediately when they can expect their items
13.4 Sellers must clearly and accurately specify in a listing when the item will be dispatched
13.5 Sellers must use tracking, delivery or signature confirmation as appropriate
13.6 Sellers are responsible for all items until they are delivered and signed for
13.7 Sellers must test all mechanical and electrical parts and adhere to the 'Sale of Goods Act 1994' before being dispatched. Failure to do so could jeopardise service standards. Should we receive repeat similar complaints here at Breakeryard Ltd. then deactivation will follow with a loss of subscription payments
13.8 Sellers must not use the following excuses:
13.8.1 'I am not responsible for the item once it's been dropped in the mail'
13.8.2 'I am not responsible for items lost in the post'
13.8.3 'Without insurance, I cannot be responsible for items lost in the post'
13.9 Sellers must not list parts without a dispatch time
14. H M Revenue & Customs
14.1 Sellers must adhere to the HM Revenue & Customs rules found here: http://www.hmrc.gov.uk/VAT/managing/charging/
15.1 A non-refundable transaction fee will apply to all listed parts sold via the Marketplace at our discretion.
15.2 Refunds will be subject to a Paypal surcharge payable by the seller
15.3 Sellers must pay a monthly subscription fee
16.1 Should a seller wish to cancel or put their account on hold then a written notification by email to [email protected] is required 30 days prior to the next payment date. If you have agreed a “pay as you go” 6 or 12 month contract then this term needs to be met before any cancellation can be made. In all circumstances the first three months of opening an account will be met.
17. Legal Requirements
17.1 The Sale of Goods Act 1979 (as amended), places numerous legal obligations on business sellers. In particular, items sold on Breakeryard.com by sellers to buyers must be:
17.1.1 of "satisfactory quality";
17.1.2 "As described"; and
17.1.3 “Fit for purpose”
17.2 To find out more and to ensure your goods are of satisfactory quality as described and fit for purpose please see the Sale of Goods Legislation here: http://www.legislation.gov.uk/ukpga/1979/54
17.3 All sellers must adhere to the Distance Selling Regulations (buyers' legal right to cancel a purchase) Please refer to: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
17.4 The Buyer 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
17.5 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
17.6 Buyer protection concerning Unfair Trading Regulations 2008 prohibits business sellers from engaging in unfair commercial practises which harm buyers’ economic interests
17.7 Sellers must not mislead buyers about the price of a product or the manner in which the price is calculated
17.8 Sellers must not mislead buyers as to the existence of a specific price advantage
17.9 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
17.10 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
18. Breaches of these Terms of Business may result in a range of actions
18.1 Listing cancellation on Marketplace
18.2 Limits on account privileges
18.3 Account suspension
18.4 Forfeiture of Breakeryard fees on cancelled listings on the Marketplace
18.5 Your statutory right are not affected however Breakeryard Ltd. reserve the right to take legal action
19. Term of Agreement
19.1 The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until, subject to termination as provided in this Agreement. The Term of this Agreement will remain continuous by mutual consent of the Parties upon payment of the monthly subscription.
20.1 The Parties agree to do everything necessary to ensure that the Terms of Business take effect.
21.1 Except as otherwise provided in these Terms of Business all monetary amounts referred to are in GBP (UK Pounds).
22. Privacy and GDPR
22.1 Confidential information refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Buyer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Buyer.
22.2 All Sellers must have their own Privacy and GDPR policies in place Please refer to GDPR guidelines as supplied by the Information Commissioner’s Office https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-generaldata-protection-regulation-gdpr/
23. Ownership of Materials and Intellectual Property
23.1 All intellectual property and related materials including any related work in progress that is developed or produced under these Terms of Business, will be the sole property of Breakeryard Ltd.
23.2 The Seller may not use the Intellectual Property for any purpose other than that set out for in these Terms of Business except with the written consent of Breakeryard Ltd. The Seller will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
23.3 Breakeryard Ltd and the Seller acknowledge that these Terms of Business do not create a partnership or joint venture between them, and is exclusively a contract for service.
24.1 All notices, requests, demands or other communications required or permitted by the terms of these Terms of Business will be given in writing and delivered to:
Email: [email protected]
24.2 Or to such other address as Breakeryard Ltd may from time to time notify the other.
25.1 The Seller will indemnify and hold harmless Breakeryard Ltd from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is proximately caused either by the negligent or wilful acts or omissions of the Seller or its agents or representatives and that are incurred or paid after the date of this Agreement and which result from or arise out of the Seller’s participation in this Agreement. This indemnification will survive the termination of this Agreement.
26.1 The Seller will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Seller based on the risk associated with characteristics of these Terms of Business and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this
27. Dispute Resolution
27.1 In the event a dispute arises out of or in connection with these Terms of Business, the Parties will attempt to resolve the dispute, differences and difficulties through friendly consultation that might arise in pursuance of activities relating to their performance as a Seller. Where difficulties arise, both parties will make the other aware of the difficulty in a timely manner, by phone, email or in writing as
27.2 The parties will make themselves available to meet with a view to agreeing the means for resolving the difficulty and will act in good faith to achieve the agreed means of resolution.
27.3 Modifications to the Terms of Business may be agreed by mutual decision and consent. However Breakeryard Ltd reserves the right to terminate the subscription if the Seller does not meet the requirements as outlined in these Terms of Business. Equally, the Seller has the right to terminate the contract with Breakeryard Ltd should difficulties be un-resolvable. (See points 1.7, 1.8,5.5, 5.6, 5.7, 7.5, 13.7, 16)
27.4 If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Country of England. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the Country of England.
28. Costs and Legal Expenses
28.1 In the event that legal action is brought to enforce or interpret any item of these Terms of Business the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
29. Modification of Agreement
29.1 Any amendment or modification of these Terms of Business or additional obligation assumed by either Party in connection with these Terms of Business will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
30. Time of the Essence
30.1 Time is of the essence in these Terms of Business. No extension or variation of these Terms of Business will operate as a waiver of this provision.
31.1 The Seller will not voluntarily or by operation of law assign or otherwise transfer its obligations under these Terms of Business without the prior written consent of Breakeryard Ltd.
32. Entire Terms of Business
32.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting these Terms of Business except as expressly provided in these Terms of Business.
33.1 Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting these Terms of Business.
34.1 Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
35. Governing Law
35.1 It is the intention of the Parties to these Terms of Business that these Terms of Business and the performance under these Terms of Business, and all suits and special proceedings under these Terms of Business, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Country of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
36.1 In the event that any of the provisions of these Terms of Business are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these Terms of Business
37.1 The waiver by either Party of a breach, default, delay or omission of any of the provisions of these Terms of Business by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.