Seller Terms and Conditions
Please read the Seller Account Terms and Conditions and ensure that you have understood them. If you do not agree to these terms you will not be able to open a Seller Account.
"adflyer.co.uk" means Adflyer Limited, a company registered in England with Company Number 06521457, whose principal office is at Branston Court, Branston Street, Birmingham, B18 6BA, United Kingdom, VAT Number 930387523
“Advertisement” means any advertisement, data, product, information, details or images provided to adflyer.co.uk by the Seller
“General Terms & Conditions” means the terms and conditions for use of the site by Users appearing on adflyer.co.uk at the following destination: http://www.adflyer.co.uk/terms-and-conditions
The Seller means any Individual, trade user or other legal entity that opens a “Seller Account” with adflyer.co.uk
“Seller Account” means an account opened by a Seller with adflyer.co.uk for the purpose of listing an inventory of stock or individual items for sale on the Website in accordance with the Seller Account Terms and Conditions
“Motoring Items” motor vehicles listed for sale on the Website
“Real Estate Items” real property that is offered for sale on the Website
“Buy Now Items” all items listed for sale on the Website that enable users to buy the item directly through the Seller via an online transaction system.
“User” shall have the same meaning as that assigned to it in the General Terms and Conditions
“the Website” means http://www.adflyer.co.uk/
2. Seller Registration
2.1. In order to become an adflyer seller the individual or other legal entity must open an Account with adflyer.co.uk. For card and data protection, sellers are charged a one-off authorisation of £1.01. This amount is non- refundable.
2.2. By opening an adflyer Seller Account the Seller agrees to be bound by the adflyer Seller Terms and Conditions and also to ensure that they observe and perform the General Terms & Conditions at all times.
2.3. adflyer.co.uk reserves the right to accept or reject any new Seller for a Seller Account without any obligation on adflyer.co.uk to act reasonably in doing so or provide reasons to any party for such decision.
2.4. The Seller must provide an email address to adflyer.co.uk on registration of the Seller Account and the Seller Account will not be authorised until the email address provided has been confirmed and verified to the satisfaction of adflyer.co.uk
2.5. adflyer.co.uk will not publish any Advertisements on behalf of a Seller until such time that the email address has been verified in accordance with 2.4 and until the Seller Account has been authorised.
2.6. adflyer.co.uk reserves the right to terminate and close a Seller Account at any time and for any reason without notice to the Seller.
2.7. In order to protect the User, adflyer.co.uk reserves the right from time to time to take necessary steps to verify any information provided by a Seller at the time of opening the Seller Account or any information provided since that time.
3. Advertising on a Shop Window
3.1. adflyer.co.uk endeavours to upload all new Advertisements submitted by the Seller within 24 hours following such submission.
3.2. adlflyer.co.uk does not guarantee to any Seller that Advertisements will be uploaded within any specified time however they will endeavour to meet the target mentioned in 3.1.
3.3. The Seller understands that Advertisements are listed randomly on adflyer.co.uk. adflyer.co.uk does not guarantee listing positioning to any Seller for Advertisements uploaded by the Seller for any period of time.
3.4. adflyer.co.uk does not guarantee to any Seller that an Advertisement uploaded by the Seller will appear on the Website. adflyer.co.uk reserves the right to use its absolute discretion in deciding which Advertisements will appear on the Website.
3.5. adflyer.co.uk may use part of an Advertisement or make amendments to an Advertisement without the consent of the Seller before publishing them to the Website
3.6. adflyer.co.uk reserves the right to remove any advertisement, item or information from the Website at any time and with its absolute discretion. The Seller accepts that adflyer.co.uk will not be liable for any loss as a result of any Advertisement being amended or removed from the Website at any time.
3.7. The Seller will ensure at all times that any Advertisements submitted to adflyer.co.uk for publication on the Website will comply in all respects with the General Terms and Conditions.
3.8. The Seller is fully responsible for ensuring the accuracy and legality of all Advertisements submitted and the Seller indemnifies adflyer.co.uk against any claims as a result of a failure by the Seller to comply with this clause or any part of the Seller Terms and Conditions.
3.9. The Seller must ensure that whenever an Advertisement is submitted to adflyer.co.uk in respect of a Buy Now Item it will contain a legitimate general policy, a delivery policy and a returns policy which can appear on the Website. If the Seller fails to provide the information mentioned in this clause then the Advertisement will not be listed on the Website.
3.10. When submitting an Advertisement for a Real Estate Item or a Motoring Item the Seller will only need to supply general company policies to appear on the Website.
3.11. The accuracy and quality of any stock list uploaded by the Seller remains the full responsibility of the Seller at all times. adflyer.co.uk will not be responsible for the inability to publish any Advertisement due to the files provided by the Seller being faulty, corrupt or in an incorrect format.
3.12. The Seller is entirely responsible for dealing with any complaints, dissatisfaction or other such issues with the User.
3.13. The Seller acknowledges that adflyer.co.uk will not handle payment with any User and they fully indemnify adflyer.co.uk against any loss or claim as a result of any dispute with a User over payment.
3.14. The Seller will be responsible for making any returns of goods and any refunds that a User may be entitled to.
3.15. adflyer.co.uk will require the Seller to make images available in a required format from a specified location.
3.16. adflyer.co.uk will use ‘image grabbing’ technology to obtain the images from the specified location and the Seller shall ensure that the location shall be available without any restrictions.
3.17. adflyer.co.uk does not accept any liability for loss as a result of an inability to obtain an image from a specified location provided by the Seller.
3.18. If the Seller uses an inventory file to upload items to adflyer.co.uk, the Seller must upload a file at least once in any 30 day period.
4. The adflyer.co.uk Required Standards
4.1. As a condition of use of the Website the Seller must acknowledge any order, enquiry or contact generated from the Website via email to the User within 24 hours of receipt of that order, enquiry or contact.
4.2. Any Buy Now Item that is submitted in a inventory file by the Seller and/or listed in an Advertisement must be available in the inventory of the Seller and the Seller agrees that it must ship any Buy Now Item within 30 days of the order for that Buy Now Item being placed.
4.3. All Advertisements for Buy Now Items must contain at least one clear image of the Buy Now Item being offered for sale.
4.4. The Seller confirms that it will ensure that it has the right to use any image contained in an Advertisement and fully indemnifies adflyer.co.uk against any claim for the unlawful or unauthorised use of any image.
4.5. The Seller shall not upload any image or any other information that may be considered to be illegal, immoral or explicit.
4.6. The Seller agrees and accepts that adflyer.co.uk will not list any Advertisement for a Buy Now Item if a suitable image has not been provided by the Seller.
4.7. adflyer.co.uk does not currently require an image to be provided for an Advertisement of a Real Estate Item or a Motoring Item however adflyer.co.uk reserves the right to amend this requirement at any time without any advance notice to the Seller.
5. Fees Payable to adflyer.co.uk
5.1. The Seller will pay to adflyer.co.uk 6% of the final sale price of any Buy Now Items if and when a sale to a User of a Buy Now Item is agreed. adflyer.co.uk do not take a commission for shipping charges unless the shipping charges exceed £10.00 GBP. The fee is payable to adflyer.co.uk whether or not the Seller actually receives full payment from the User.
5.2. adflyer.co.uk reserves the right to adjust the rate referred to in 5.1 without any prior notifictaion to sellers on the website.
5.3. Any fee paid by the Seller to adflyer.co.uk on the sale of Buy Now Items will not be refunded to the Seller in the event that the Seller is required to make a refund to the User. Adflyer.co.uk is entitled to its fee at the moment that a sale of the Buy Now Item is agreed regardless of any non payment by the User or any future refund.
5.4. The Seller shall make payment of all amounts due within 30 days of the date of any invoice from adflyer.co.uk
5.5. The Seller shall pay interest at 5% above the Bank of England base rate from time to time on any sums that remain unpaid 30 days after the date of the invoice.
5.6. adflyer.co.uk reserved the right to suspend the Seller Account at any time if any monies have not been paid within 30 days of the date of the invoice and the Seller Account will not be reinstated until such time that all sums are paid in full together with interest thereon.
6.1. Categorisation of Advertisements on the Website will be based on the content of Advertisements submitted to adflyer.co.uk and as such adflyer.co.uk accepts no responsibility for incorrect or inappropriate categorisation on the Website.
6.2. If an Advertisement is received from a Seller without department references, adflyer.co.uk will endeavour to place the Advertisement in appropriate categories on the Website however no guarantee is given with regard to categorisation and the Seller is fully responsible for ensuring the Advertisement contains appropriate information to enable appropriate categorisation.
7.1. adflyer.co.uk will endeavour to prevent any enquires being sent to a Seller which may constitute ‘rogue enquiries’ however no warranty is given and adflyer.co.uk will not be liable to the Seller if ‘rogue enquiries’ are not identified by the filter.
7.2. If the Seller perceives any enquiry to be a ‘rogue enquiry’ it should forward the original email together with the registered company name to email@example.com
. If adflyer.co.uk in its absolute discretion agrees that the enquiry constitutes a ‘rogue enquiry’ then adflyer.co.uk will not make any charge to the Seller for that enquiry.
7.3. adflyer.co.uk reserves the right to extract content from any email or enquiry in order to enhance its scam protection filter software.
8.1. Reviews will be written and provided by Users and do not reflect the opinions of adflyer.co.uk.
8.2. adflyer.co.uk is not responsible in any way for the content of any ratings or reviews submitted by Users and any loss incurred by the Seller as a result of those reviews or ratings.
9.1. adflyer.co.uk shall have no liability to the Seller for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Seller Account Terms and Conditions or any negligence, breach of statutory or other duty on the part of adflyer.co.uk or in any way out of or in connection with the performance or purported performance of or failure to perform the Seller Account Terms and Conditions.
9.2. The Seller fully indemnifies adflyer.co.uk against any losses claims actions or liabilities which may arise as a result of the use of the Website by the Seller or any fraudulent, defamatory, illegal, immoral, inappropriate or incorrect material that the Seller may provide for use on the Website.
9.3. The Seller shall discharge all claims made by any person in respect of any liability suffered as a result of the use of this service and compensate adflyer.co.uk in full on demand for all losses and expenses incurred by adflyer.co.uk in respect of them.
10.1. You may print and keep a copy of these Seller Account Terms and Conditions which together with the General Terms and Conditions form the entire agreement between the Seller and adflyer.co.uk and supersede any other communications or advertising with respect to the Website.
10.2. These Seller Account Terms and Conditions may only be modified with the prior written consent of adflyer.co.uk. adflyer.co.uk may alter or amend these Seller Account Terms and Conditions at any time, with immediate effect and without notice. By continuing to use the Website after such alteration, you will be deemed to have accepted any amendment to the Seller Account Terms and Conditions.
10.3. The Seller Account Terms and Conditions and your use of the Website shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England.
10.4. You shall comply with all foreign and local laws and regulations which apply to your use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
10.5. You agree that because of the unique nature of the Website and adflyer.co.uk’s proprietary rights therein, a demonstrated breach of these Seller Account Terms and Conditions by you may irreparably harm adflyer.co.uk and monetary damages would be inadequate compensation. Therefore, you agree that adflyer.co.uk shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Seller Account Terms and Conditions.
10.6. If any provision of the Seller Account Terms and Conditions is declared void, illegal, or unenforceable, the remainder of the Seller Account Terms and Conditions will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
10.7. Any failure by any party to enforce at any time any term or condition under the Seller Account Terms and Conditions will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of the Seller Account Terms and Conditions.
10.8. Nothing in the Seller Account Terms and Conditions shall give, directly or indirectly, any third party any enforceable benefit or any right of action against adflyer.co.uk and such third parties shall not be entitled to enforce any term of the Seller Account Terms and Conditions against adflyer.co.uk.