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ForoshBook Terms and Conditions
About ForoshBook and method of business.
ForoshBook is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
Except with the cases that ForoshBook is mentioned as the supplier in Item’s description, ForoshBook does not have possession of anything listed or sold through ForoshBook, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
Sellers must have a valid payment method on file with ForoshBook at all times. You authorize ForoshBook 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 ForoshBook fees, ForoshBook Money Back Guarantee reimbursements and postage labels. ForoshBook will notify you of these charges. If payments or amounts owed to ForoshBook cannot be completed through the payment method on file for any reason, you are still required to pay ForoshBook for all unpaid amounts and ForoshBook reserves the right to seek reimbursement through other means plus any additional costs incurred by ForoshBook in seeking reimbursement. You can change your payment method in My ForoshBook at any time.
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 deliver items sold by you.
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the Feedback or ratings systems;
- transfer your ForoshBook 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 ForoshBook transaction on the ForoshBook site (which includes using this information to send marketing materials directly to ForoshBook users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm ForoshBook, or the interests or property of ForoshBook 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 ForoshBook 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 ForoshBook. 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 ForoshBook 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;
- commercialize any ForoshBook 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 ForoshBook 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 ForoshBook, 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 your country).
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 (Specifically made with any business owner). Business users can cancel this User Agreement by contacting us through customer service page. We may recoup the cost of any Services provided up to the point of cancellation.
If we believe you are violating the policy on Offers to buy or sell outside of ForoshBook, 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 (fee penalty); and 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 ForoshBook, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the ForoshBook 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.
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, 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 ForoshBook community or reduce our or another ForoshBook 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 endeavors, 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 approve every single application of suppliers in our services and the fee of our services is are vary depending on what ForoshBook and the team of DP Inc. provides to business owners. We may change our fees, or introduce new fees from time to time by posting the changes on the ForoshBook site or via the Messages section of ForoshBook account 30 days in advance.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all ForoshBook Services, even if sales terms are finalized or payment is made outside of ForoshBook. 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 ForoshBook site, even if the item does not actually sell.
You are required to have a payment method on file when selling on ForoshBook. 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 ForoshBook whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
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. ForoshBook 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 ForoshBook 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 ForoshBook’s policies may be modified, obfuscated or deleted at ForoshBook’s discretion;
- In accordance with the listing with the ForoshBook catalogue policy, we may 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, ForoshBook 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 ForoshBook 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;
- ForoshBook’s 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;
- ForoshBook advertises the Services and provides other ForoshBook 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;
- ForoshBook 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 ForoshBook or by any ForoshBook partners.
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;
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 ForoshBook’s international sites. By posting your item selecting international postage you authorize ForoshBook, in its discretion, to display your listings on ForoshBook different languages. . 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 you sell your items internationally or purchase an item on a ForoshBook, you are subject to the User Agreement and applicable policies, including any buyer protection programs with respect to that particular sale, as detailed in the International Selling Policy.
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 authorize 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 sublicenses or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including ForoshBook users). You may use that content solely in your ForoshBook listings during the time your listings are on ForoshBook. That permission is subject to modification or revocation at any time at ForoshBook’s 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 ForoshBook 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 ForoshBook 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 “ForoshBook” and other ForoshBook marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of ForoshBook and only DP Inc. property. They may not be used unless expressly authorized by ForoshBook in writing.
Data protection and Privacy.
You and ForoshBook 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 ForoshBook 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 organization.
You shall process personal data received from ForoshBook 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 aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the Services, ForoshBook has access to various information about users, including personal data. This includes information that users submit to ForoshBook 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 ForoshBook 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).
ForoshBook only shares information about users with third parties if this is necessary for the provision of the Services or if ForoshBook 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 ForoshBook 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.
1. Cancelling policy for buyers (Return of Items)
2. Cancelling the shipment after purchase by sellers
3. Returns policy for sellers
For all sellers, ForoshBook set a return process for some or all listings where returns are accepted. Where returns of Items based on conditions mentioned in this section is applicable, you agree to comply with our returns policies.
When an item is returned, to refund the buyer, (and provided the transaction was not processed via managed payments), you authorize ForoshBook 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 authorize ForoshBook to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file, when:
– A ForoshBook-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 a ForoshBook-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 ForoshBook, you authorize ForoshBook to request PayPal to reverse the refund amount (in the same or other currency) from the seller’s PayPal account, to the buyer.
4. ForoshBook Money Back Guarantee
Most ForoshBook sales go smoothly, but if there’s a problem with a purchase, the ForoshBook Money Back Guarantee helps buyers and sellers communicate and resolve issues. The ForoshBook 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 ForoshBook Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or ForoshBook because a case is resolved in the buyer’s favor, we may:
* For transactions processed via ForoshBooks’ bank accounts, request the ForoshBook entity which processed the payment to reimburse the buyer on your behalf pursuant to the ForoshBook 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 ForoshBook Money Back Guarantee claim, the seller is obliged to reimburse us for the amounts owed to the buyer. The sellers authorizes us to recoup these amounts from the seller on our behalf in accordance with ForoshBooks’ policies and procedures (including any amounts resulting from International Transactions as stipulated in the ForoshBook Money Guarantee policy).
* For transactions which are not processed via ForoshBook’s bank accounts, 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 authorization 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 ForoshBook. Sellers may change this payment method by contacting ForoshBook. For this purpose, you, in the capacity of a seller authorize and instruct us to:
*where the transaction was processed via ForoshBook’s bank accounts, 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 ForoshBook’s Bank accounts, we will 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. See restricting funds.);
*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 authorizations above will be made on a recurring basis and on various dates as required by us to implement the terms of the ForoshBook Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favor, we will notify the seller and continue to charge the seller’s preferred payment method. If sellers do not provide ForoshBook with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the ForoshBook 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 ForoshBook Money Back Guarantee refund or reimbursement.
Global Shipping Programme
For items that are purchased from you by an international buyer in a country eligible (having shipping method), we will post the item to a shipping center. A third party global technology and shipping provider will oversee the processing, customs clearance and international postage of the item to your buyer. For items that are purchased by international buyers through the Global Shipping Programme, buyers will pre-pay any applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping center to delivery.
We may choose to make your listings available to international buyers through the Global Shipping Programme unless you opt out of the programme at either an account, country or listing level.
By not opting out of the programme, you will also be acknowledging that you have read and agreed to the Global Shipping Programme Seller Terms and Conditions and that they will apply to you as a seller and to all of your eligible new and existing listings. These terms include, among other important provisions:
– A third party agreement for the parcel processing, customs clearance and international postage and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
– An authorization for third parties to act in your place to facilitate the export clearance of items that you sell through the Global Shipping Programme;
– An acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;
– A description of the items that are ineligible for the programme and restrictions on the value, weights and dimensions of items that may be sold through the programme;
– Alist of countries that are eligible for the programme; and
– policies governing the handling of lost, damaged and undeliverable items (including their possible disposal), returns, and the resolution of ForoshBook Money Back Guarantee claims for items that you sell through the programme.
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