This Agreement incorporates by this reference all terms, conditions, policies, guidelines and other information on the Site concerning the Site or the Service, including but not limited to the Privacy Notice and Conditions of Use & Sale and constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
This User Agreement, the Colompo User Privacy Notice, all policies posted on Colompo sites set out the terms on which Colompo offers Members access to and use of Colompo sites, services, applications and tools (collectively ‘Services’). Members can find an overview of Colompo policies here. All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. Members agree to comply with all the above when accessing or using Colompo Services.
All members of Colompo marketplace are entering into a contract with Colompo LTD (company number ........., VAT number ......)
Subject to your compliance with these User Agreement and applicable Service Terms and your payment of any applicable fees, Colompo or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Colompo Services.
This licence does not include any resale or commercial use of any Colompo Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Colompo Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Colompo is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
Colompo does not have possession of anything listed or sold through Colompo, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Colompo is not a traditional auctioneer.
While Colompo may provide pricing, postage, listing and other guidance in Colompo Services, such guidance is solely informational and Members may decide to follow it or not. Colompo does not review users' listings or content.
While Colompo may help facilitate the resolution of disputes through various programmes, Colompo has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; 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.
In connection with using or accessing the Services Members will not:
- List or upload content or items in inappropriate categories or areas on Colompo site;
- Breach or circumvent any laws, third party rights or Colompo systems or policies;
- Use any robot, spider, scraper or other automated means to access Colompo's Services for any purpose.
- Post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
- Distribute viruses or any other technologies that may harm Colompo, or the interests or property of Colompo users.
- Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
- Use Colompo's Services if members are not able to form legally binding contracts (for example if members are under 18), or are temporarily or indefinitely suspended from using Colompo's Services. Colompo does not sell products for purchase by children. Children's products are for purchase by adults. If you are under 18 years old you may use the Colompo Services only with the involvement of a parent or guardian.
- Copy, modify, or distribute rights or content from Colompo Services or Colompo's copyrights and trademarks.
- Fail to deliver items sold by Members, unless Members have a valid reason as set out in a Colompo policy, for example the buyer fails to follow the posted terms, or Members cannot contact the buyer.
- Fail to pay for items purchased by Members, unless Members have a valid reason as set out in an Colompo policy the seller has materially changed the item's description after Members bid, a clear typographical error is made, or Members cannot contact the seller (see Colompo unpaid item policy).
- Manipulate the price of any item or interfere with any other user's listings;
- Post false, inaccurate, misleading, defamatory, or libellous content;
- Take any action that may undermine the Feedback or ratings systems (please see Colompo rules about Feedback).
- Transfer your Colompo account (including Feedback) and user ID to another party without Colompo consent.
- Export or re-export any Colompo application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
- Collect information about users, such as email addresses, without their consent.
- Commercialise any Colompo application or any information or software associated with such application.
· Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
· Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);
· Living animals;
· Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
· Firearms and ammunition;
· Stolen goods;
· Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (e.g.: pirated software, CDs, videos and DVDs, OEM software and so on). New Region-1 DVDs may be listed by sellers resident within the USA or Canada only, who must comply with the specific Region 1 DVD rules set out in the Prohibited Content and Listing Rules;
· Illegal or prescription drugs;
· Items whose sale, distribution or offering for sale is prohibited by any applicable law;
· Items whose sale is subject to export restrictions (e.g.: Cuban cigars, certain encryption software and so on);
· Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
· Any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
As Members of Colompo marketplace using any of Colompo Service You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.
Members are responsible for maintaining the confidentiality of their account and password and for restricting access to their own computers, and they agree to accept responsibility for all activities that occur under their account or password.
Members should take all necessary steps to ensure that the password is kept confidential and secure and should inform Colompo immediately if they have any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
If Members are registering with Colompo as a seller, Members represent that Members have the authority to legally bind that entity. If Members are trading as a seller on Colompo, Members must comply with all applicable laws relating to online trading for the site members are selling on.
Members agree that Colompo will commence supplying Colompo services to Members as soon as Members accept this User Agreement. Members can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges)
Colompo may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue Colompo Services.
Without limiting other remedies, Colompo may limit, suspend, or terminate Colompo user account(s) and access to Colompo Services, restrict access to Colompo activities on, Colompo Services, cancel bids, remove listings, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep Members from using Colompo Services if:
- Colompo see that Members are creating problems or possible legal liabilities;
- Colompo see that such restrictions will improve the security of the Colompo community or reduce Colompo or another Colompo user's exposure to financial liabilities;
- Colompo see that Members are infringing the rights of third parties;
- Colompo see that Members are acting inconsistently with the letter or spirit of this User Agreement or Colompo policies or abuse Colompo employees or users;
- Members fail to make full payment of any fees due for Colompo Services by Colompo payment due date.
- When a buyer or seller issue arises Colompo may consider the user's performance history and the specific circumstances in applying Colompo policies. Colompo may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The fees Colompo charge for using Colompo Services are listed on Colompo Seller fees page. Colompo may change the fees, or introduce new fees from time to time by posting the changes on the Colompo site .Members may close Colompo account without penalty within 30 days of such notice being given.
Members are required to have a payment method on file when selling on Colompo. If Colompo payment method fails or Colompo account is overdue, Colompo may collect fees Colompo by charging other payment methods on file and retaining collection agencies or legal counsel.
When listing an item, Members agree to comply with the rules for listing and selling practices policy and that:
Members are responsible for the accuracy, content and legality of the item listed and ready to list in accordance with the prohibited and restricted Items policy.
Colompo listing may not be immediately searchable by keyword or category for up to 24 h Colompo. Colompo does not guarantee exact listing durations.
Content that violates any of Colompo's policies may be deleted.
Colompo's duplicate listing policy may affect whether Colompo listing appears in search results.
Accordingly, 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.
When buying an item, Members agree with the rules for buyers and that:
Members are responsible for reading the full item listing before making a bid or commitment to buy;
Members enter into a legally binding contract to purchase an item when Members commit to buy an item, or if Members have the winning bid (or Colompo bid is otherwise accepted);
International buying, selling and translation
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
Soon Colompo will be in different countries and Colompo marketplace website will be as (colompo.pr /colompo.ca /colompo.sa /colompo.fr/colompo.eg) So By selecting international postage Members authorise Colompo, in its discretion, to display Colompo listings on all Colompo sites other than the original listing site.
Acknowledge that Colompo listings may not appear on some or all of these sites. When Members sell items internationally, Members agree to be subject to that other site’s policies, and Members agree to be subject to and accept Colompo's International Selling Agreement.
If Members are a seller he authorise us to use automated tools to translate Colompo content, in whole or in part, into local languages where such translation solutions are available. If Members are a buyer, he may have access to tool(s) which will enable Members to translate content at Colompo request. The accuracy or availability of any translation is not guaranteed and Members should check Colompo translated listing for accuracy.
When providing us with content (including causing content to be posted using Colompo Services), Members grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and Members authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights Members has in or to the content in any media known now or developed in the future.
If members post content or submit material, and unless we indicate otherwise, they grant:
- Colompo a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- Colompo, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Colompo including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted:
The content and material is accurate; and use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Colompo for all claims brought by a third party against Colompo arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.
Further, to the fullest extent permitted under applicable law, Members waive Colompo moral rights in the content and promise not to assert such rights or any other intellectual property rights Members have in the content against us, Colompo sub licensees or Colompo assignees.
To protect against the risk of liability, Colompo has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, and riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in Colompo PayPal account.
Colompo offers a managed returns process to simplify returns for buyers and sellers.
With the Colompo managed returns process, a seller accepting returns can manage and track the return through an automated process on the site. If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
Colompo may automatically apply the Colompo managed returns process to certain categories of sellers and require those sellers to use the process to manage their returns. If the Colompo managed returns process is automatically applied to Colompo listings, So the Members are:
- Agree to the Colompo managed returns process terms and conditions;
- authorise Colompo to instruct PayPal to reverse the refund amount from Colompo PayPal account, place the amount on Colompo seller invoice as a fee, which may be charged to Colompo automatic payment method on file, if any;
- Authorise Colompo to include return postage charges and auto-refunds on seller invoice as a fee, which may be charged to Colompo automatic payment method on file, if any;
- When a transaction is cancelled, or if the Colompo managed returns process has not been automatically applied to Colompo listings, and Members choose to refund the buyer via Colompo, Members authorise Colompo to instuct PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer.
See using the managed returns process for more details.
We try to keep Colompo and its Services safe, secure, and functioning properly, but Colompo can't guarantee the continuous operation of or access to Colompo Services. Bid update and other notification functionality in Colompo's Services may not occur in real time. Such functionality is subject to delays beyond Colompo's control.
Members will compensate us in full (and Colompo officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, Colompo incur arising out of any breach by Members of this User Agreement, your improper use of Colompo's Services or your breach of any law or the rights of a third party.
If a dispute arises between Members and Colompo, Colompo strongly ask Members to first contact us directly to seek a resolution by contacting Customer Support. Colompo 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 User Agreement shall be governed and construed in all respects by the laws of England and Wales. Members and Colompo both agree to submit to the non-exclusive jurisdiction of the English Colompo.
In simple terms, "non-exclusive jurisdiction of the English Colompo" means that if Members Colompo re able to bring a claim arising from or in connection with this User Agreement against us, an acceptable Colompo would be located in England, but Members may also elect to bring a claim in the Colompo of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Colompo may assign Colompo rights and obligations under this User Agreement in accordance with the below (but without Colompo prior express consent), provided that Colompo assign the User Agreement on the same terms or terms that are no less advantageous to Members.
Headings are for reference purposes only and do not limit the scope or extent of such section. Colompo failure to act with respect to a breach by Members or others does not waive Colompo right to act with respect to subsequent or similar breaches. Colompo do not guarantee we will take action against all breaches of this User Agreement.
If Members have a dispute with one or more users, Members release us (and Colompo affiliates and subsidiaries, and Colompo and their respective officers, directors, employees and agents) 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.
Colompo may amend this User Agreement at any time by email, or via the Messages section of My Colompo or by posting the amended terms on www.Colompo.com. All amended terms shall automatically be effective 30 days after they are initially posted. Colompo continued use of Colompo Services after the effective date of these amended terms constitutes Colompo acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by Members and a Colombo representative authorised to do so.
The policies posted on Colompo sites may be changed from time to time. Changes take effect when Colompo post them on the Colompo site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User 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 User Agreement or which exists or is available apart from that Act.
Colompo's Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If Members believe that Colompo intellectual property rights have been infringed, please notify Colompo VeRO team through Colompo Verified Rights Owner (VeRO) Programme and Colompo will investigate.
The User Agreement, the Colompo User Privacy Notice and all polices posted on Colompo site are the entire agreement between Members and Colompo and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees for Colompo services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Colompo LTD England.
Colompo shall send notices to Members by email to the email address Members provide to Colompo during the registration process. Notice to Members shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Colompo may give Members legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Communication between Colompo and its members
When you use any Colompo Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other Colompo Services.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
This User Agreement are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live.
Note: The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these User Agreement limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.