Terms and Conditions

Register To Sell For Free

    Simply register with the site for FREE.
    Once you’ve registered, you can automatically start selling online.
    
Terms & Conditions

Site Name: SellMyMilitaria.com or Sell My Militaria

You may not use our site and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your site membership has been suspended.
 
While using the site, you will not:

1. Post, list or upload content or items in an inappropriate category or areas on our site

2. Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties

3. Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity

4. Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery

5. Manipulate the price of any item or interfere with other user's listings 


6. Post false, inaccurate, misleading, defamatory, or libellous content (including personal information)

7. Transfer your site account and username to another party without our consent

8. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes

9. Distribute viruses or any other technologies that may harm the site or its visitors, or the interests or property of site users

10. Copy, modify, or distribute rights or content from our sites, services or tools or the sites copyrights and trademarks

11. Harvest or otherwise collect information about users, including email addresses, without their consent.


If you are registering with the site as a business entity, you represent that you have the authority to legally bind that entity.
 

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and the site administrator agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
 

We reserve the right to limit your activities on our site (including, without limitation, restricting the number of items you may list on our sites), if we think that such restrictions will improve the security of the site and its community or reduce our or another site user’s exposure to financial or other liabilities.
 

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue the site

You agree not to hold the site or its staff responsible for any loss you may incur as a result of them taking this action.

 
Abusing the site

The site and the site community work together to keep our site and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.
 

We may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our site (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if:

1. We think that you are creating problems (including, without limitation, by harassing the site or other users or by making unreasonable

legal threats against them), or exposing us or another site user to financial loss or legal liabilities

2. We think that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties) 


3. We think that you are acting inconsistently with the letter or spirit of this Agreement or our policies (including, without limitation, policies related to conducting off site transactions, circumventing temporary or permanent suspensions or users who we believe are harassing the site or other users)

4. Despite our endeavours, we are unable to verify or authenticate any information you provide to us

5. You fail to comply with the site User Agreement

6. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.

You agree not to hold the site or its staff responsible for any loss you may incur as a result of them taking any of the actions described above.

 
Site Buyer Protection
 

Buyers and sellers share responsibility for making sure purchases facilitated via the site are correctly described and sold hassle-free. We strongly encourage buyers to work with sellers before making a complaint relating to a purchase.       

Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with the site.

 
No spam
 

We do not tolerate spam (unsolicited commercial communications). Please set your site notification preferences so we communicate to you as you prefer. You may not add other site users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

 
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement.

If you send an email to an email address that is not a registered site email address belonging to a site member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

 
Using information about other site users

Our site and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them.  

By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
 

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

    Site transaction related purposes that are not unsolicited commercial communications

    Using services offered through the site; and
 other purposes a user expressly agrees to.


 
Fees
 

Joining the site is free. We do not charge fees for basic listings. There are upgrade options such as 'border' or 'bold' and there is a 'promoted' listing option. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the site or inform you via email.
 

Unless otherwise stated, all fees are quoted in GBP sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may restrict or close your account.

 
Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

 
Liability

You will not hold the site or its staff responsible for any loss you may incur because of other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our site is a venue to allow anyone to offer, sell, and buy any Militaria-related item, at anytime, from anywhere. At no point do we have possession of anything listed or sold through the site.

We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed our site.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on our site.

The site cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our site.

We cannot guarantee continuous or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether expressed or implied) about the availability of our services.

We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our site and services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
 
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
 

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 
Listing Conditions
 

By listing an item on the site, you agree to pay the related fees, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

1. When you list an item on the site, your listing will be posted on the site.

2. Your listing may not be immediately searchable by keyword or category

3. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost.
 
Privacy
 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. If you object to your Information being used in this way please do not use our services.
 
Compensation
 

You agree that you will only use our site and services in accordance with this Agreement.

You will compensate us in full (and our officers, directors and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

 
No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 
Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

 
Legal disputes
 

If a dispute arises between you and the site, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and the site both agree to submit to the non-exclusive jurisdiction of the English Courts.
 

In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

 
General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

 
In our sole discretion, we may transfer our rights and obligations (also known as “assign”) under this Agreement (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
 

Section headings are for reference purposes only and do not limit the scope or extent of such section.
 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  

We do not guarantee we will take action against all breaches of this Agreement.
 

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.
 

Except as set out above, this Agreement may not be altered by us or by you unless we both agree in writing hand signed by you and us.  For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.
 

The Agreement is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.
 

If you have any questions about this User Agreement please contact the site using the contact form