Terms and Conditions

eWishy.com

TERMS AND CONDITIONS OF USE OF OUR WEBSITE 

THESE TERMS AND CONDITIONS ARE INTENDED TO FORM A BINDING CONTRACT BETWEEN YOU (OUR VISITOR) AND US (THE SITE AND THE OWNERS OF THE SITE). YOU ARE ADVISED TO READ THEM THROUGH THOROUGHLY BEFORE VISITNG THE REMAINDER OF THE SITE AS THEY CONTAIN CONDITIONS WHICH BIND YOU. 

IF ANY OF THESE TERMS IS NOT ACCEPTABLE TO YOU - YOU MUST LEAVE THE SITE IMMEDIATELY AS YOUR AUTHORITY TO ACCESS IT IS DENIED. 

“the Owner”means eWishy Limited Company Reg No 9549506 a company registered in England and Wales whose registered office is at International House, 24 Holborn Viaduct, Cityof London, London EC1A 2BN

 “Site”means www.ewishy.com

“Us” “We” “Our”means either the Site or the Owner or both

“You” “Your”are a visitor to Our Site for any purpose whatsoever

“Account”means collectively the personal/identifying information  and credentials used by Users to access parts of the Site and to list or bid on Items

“Seeker”means a User of this Site looking for an Item

“Item”means an item listed for potential acquisition on the Site and will include  physical items

“Item Listing”means an Item required by a Seeker

“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;

“Fee”means the fee of 3% payable by both Seeker and Finder on the successful conclusion of a sale and purchase through using the Site or such other fee as may be advertised on the Site from time to time.

“Finder”means a User offering an Item or service for sale

“Service”means all and any online facilities tools services or information We make available through the Site now or at any time in the future

“System”means any online communication infrastructure We make available

“User”means any person firm or company using this Site for any purpose

1. THE CONTRACT

In consideration of the Site and the Owner allowing You access to this Site You agree to comply with these Terms and Conditions without any modification.

2. YOUR OBLIGATIONS 

2.1 You warrant as follows, that:

2.1.1You have the legal authority to enter into this Contract and that You are over the age of 18 years.

2.1.2You will read and understand the terms and conditions attached to any website with which the Site has links and which You visit by use of such links

2.2 You will not

2.2.1access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission

2.2.2violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site

2.2.3take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure

2.2.4deep-link to any portion of this Site for any purpose without Our express written permission

2.2.5"frame", "mirror" or otherwise incorporate any part of this Site into any other Site without Our prior written authorisation

2.2.6attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Owner  in connection with this Site or the services it offers

3. INTELLECTUAL PROPERTY

3.  All information on this Site belongs to Us or to those affiliated to Us 

3.1 Save where specifically authorised by Us You  cannot copy, share, transmit, reproduce, post or redistribute all or any part of any of the information contained on this Site without Our permission in writing and without You subjecting youself  to any additional terms, whether financial or otherwise, which We in Our absolute discretion impose

3.2The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is owned by Us or our affiliates. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. 

4.LINKING TO THE SITE

You may link to this Site but only to the Home Page the URL of which is www.eWishy.com but such links may not be deep links unless You have our express written permission to do so 

5. INTERNATIONAL CUSTOMERS

5.1We are not responsible for import duties and taxes arising on Goods exported from the United Kingdom and We undertake to make no calculations or estimates in this regard and You agree that You are importer of record and that You will ensure that Your purchase is in full compliance with the laws of the country into which the Goods are being imported. 

5.2 Please be aware that Item You buy may be inspected on arrival at port for customs purposes 

5.3 All bids are to be made and accepted in Pounds Sterling  

6. SEEKING AN ITEM 

6.1 When listing an Item on the Site You must do so in accordance with the following rules:

6.1.1 You must not use obscene or vulgar language;

6.1.2 Your Item Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item  You require).  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

6.1.3 Your Item Listing may not contain Content that is intended to promote or incite violence;

6.1.4 Item Listings must be made using the English language.  Content in any other language may be removed at Our sole discretion;

6.1.5 Your Item Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

6.1.6 Items of the types listed in the Schedule hereto may not be listed

6.1.7 You must not post links to other Websites containing any of the above types of Content;

6.1.8 the means by which You identify yourself must not violate these Terms and Conditions or any applicable laws;

6.1.9 Your Item Listing must be placed into the appropriate category;

6.1.10 You must not impersonate other people or businesses;

6.1.11 You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

6.1.12 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

6.2 You acknowledge that We may screen, approve (or reject), edit and/or remove any Item Listing submitted to the Site.

6.3 We may at our own discretion and without reason edit Your Item Listing to comply with the provisions of sub-Clause 6.1 without prior consultation.  We may without notice remove Your Listing and may suspend or terminate Your Account if We consider in Our sole and absolute discretion and without applying a reason therefor that You have committed a severe breaches of the provisions of sub-Clause 6.1, 

6.4 In order to post an Item Listing, You are required to submit certain personal details and/or business details.  By continuing to use this Website you represent and warrant that:

6.4.1 any information You submit is accurate and truthful; and

6.4.2You will keep this information accurate and up-to-date.

6.6 You will ensure that You have sufficient funds to complete the acquisition of the Item including all fees and delivery costs

6.7 You must satisfy yourself as to the state and condition of the Item which you acquire and acknowledge that We have no control over and neither do We monitor the quality or acceptability of any individual Item acquired through the Site

6.8 We will not be liable in any way or under any circumstances for any loss or damage that You may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings.  Use of and reliance upon Item Listings is entirely at Your own risk.

6.9 Nothing in these Terms and Conditions will grant Us any rights in or to any trade marks or any other intellectual property rights contained within Your Item Listing or any part of it save for the right to display the same on the Site as part of Your Item Listing until You or We choose to remove that Item Listing.

6.10 You acknowledge that We may retain copies of any and all communications, information, Content and Item Listings sent to Us or submitted to the Site. 

7.BIDDING AND BUYING

7.1 We will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings.  Use of and reliance upon Item Listings is entirely at your own risk.

7.2 Finders may bid on any Item at any time during an Auction and must include in such bid all costs of packaging and delivery of the Item (if appropriate) (“the Price”);

7.3 A bid is generally an irrevocable offer made by a Finder to a Seeker to sell the Listed Item.

7.4 Bids (including winning bids) may be cancelled or retracted in limited circumstances:

7.4.1if the Item has been lost stolen or damaged

7.4.2 if the Finder dies or is not able for any other significant reason to complete the sale of the Item.

7.4.3 if it is or becomes illegal to sell the Item 

7.5 If a Finder’s bid is accepted by the Seeker it will create a legally binding contract between the Finder and the Seeker under which the Seeker is obliged to purchase the Item at the Price and the Finder is obliged to sell the Item for the same and both parties are obliged to pay the Fee.

7.6 All Finders and Seekers will be entitled to enforce the provisions of these Terms and Conditions and may pursue legal remedies against one another for non-performance of any of their respective obligations hereunder.

7.7 Payment for Items may be made only by PayPal and it is Your responsibility to ensure that You have a PayPal account before listing or bidding on any item on the Site

7.8 Finders will be under no obligation to release any Items to Seekers until they have received any and all sums due in cleared funds.  Finders may release Items prior to receipt of monies due but do so entirely at their own risk.

7.9 Legal title in and to Items shall transfer to Seekers only upon receipt of any and all sums due by Finders ,notwithstanding early transfer of possession under sub-Clause 7.8.

7.10 Seekers may, in limited circumstances, have a legal right to return Items to Finders.  Any returns must be completed with 7 days of deliver or collection.  Refunds will be processed only upon receipt of the returned Item by the Finder. The circumstances envisaged by this clause include missing Items, the non-receipt of Items, an Item being incorrectly described and/or any other circumstances which would permit a Seeker to treat the contract as being void or avoidable. 

7.11 If You are a Finder You will specify when listing an Item if You accept returns.

7.12 You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to this Site or any transactions completed through it.

7.13 Finders will ensure that all descriptions they supply are accurate and complete in all respects and that they contain no false or misleading information and that they will not by omission cause an item to appear in any way different from its actual state 

8.ACCOUNTS AND LISTING FEES

8.1 In order to place an Item Listing or bid on an Item on this Website you must create an Account which will contain certain personal details.  By creating an Account you represent and warrant that:

8.1.1 all information you submit is accurate and truthful; and

8.1.2 You will keep this information accurate and up-to-date.

8.2 You must not share Your Account with any other person firm or company and  You must keep your Account details confidential and must not reveal your username or password to any unauthorised third parties.

8.3 The Fee is payable on the final sale price of each Item by each of the Finder and Seeker and will be debited from the PayPal account of each of the Finder and Seeker but only when a bid has been accepted

8.4 You give us authority and irrevocably appoint Us your agent  to instruct PayPal to reverse any payment which has been made using this Site when We are of the opinion (in our sole and absolute discretion) these terms and conditions have been broken 

9. DISPUTES

We expect that You will use Your best endeavours to resolve any disputes You may have with any other Finder or Seeker directly but if You are unable to resolve any disputes in this way You may ask Us to assist in the resolution process. We will decide (in our sole discretion) whether We will assist or whether Your dispute should be resolved by others without assigning any reason for our decision. 

10. PRIVACY

Use of the Site is also governed by Our Privacy and Cookie Policies which are deemed to be incorporated into these terms and conditions by this reference.   

11.DISCLAIMERS

11.1 We make no warranty or representation that the Site will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. 

11.2 No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.

11.3 No part of this Site is intended to constitute a contractual offer capable of acceptance.

11.4 Whilst We use reasonable endeavours to ensure that the Site is secure and free of errors viruses and other malware You are advised to take responsibility for Your own security, that of Your personal details and Your computers.

11.5 At no time do We possess hold or offer any Items  for sale on the Site and neither do We participate in any transaction between a Seeker and a Finder. We encourage Seekers and Finders to communicate freely using the tools provided by the Site to ensure that their respective demands are dealt with

11.6 We have no responsibility or liability to any Seeker if they cannot obtain the Item they seek

11.7 We have no ability to verify that any Item being offered for sale on the Site is of satisfactory quality, fit for its purpose, of merchantable quality  and You must take all steps to verify that the Item and/or service meet Your requirements

12. AVAILABILITY OF THE SITE

12.1The Site is provided “as is” and on an “as available” basis and We give no warranty that it will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

12.2We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

12.3We reserve the right to alter, suspend or discontinue any part of (or the whole of) the Site including, but not limited to, the services available.  These Terms and Conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise 

13. LIMITATION OF LIABILITY

13.1. We accept no liability for all and any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein or the Item, to the maximum extent permitted by law You should be aware that You use the Site and its Content at Your own risk.

13.2 Nothing in these Terms and Conditions excludes or restricts Our liability for death or personal injury resulting from any negligence or fraud on Our part. 

14. OFFENSIVE CONTENT

14.1 If You find any Content on the Site in any way offensive, libellous, incorrect or in any other way inappropriate, You should notify Us immediately, using the contact details shown on the Site and supply any information to validate Your assertion but please bear in mind the nature of the products We offer

14.2 If We find in, Our sole discretion, that any Content notified to it is inappropriate for the Site, We will take all reasonable steps to remove that Content as soon as it is able

15.LINKS TO OTHER WEBSITES

This Site may contain links to other sites and unless expressly stated, these sites are not under Our control or that of Our affiliates and We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

16. MODIFICATIONS TO THESE TERMS AND CONDITIONS

We reserve the right to modify these Terms and Conditions from time to time without notifying You. You agree to revisit these Terms and Conditions from time to time to establish whether or not any changes have been made and by accepting these Terms and Conditions You confirm that You have read and understood them on each visit You make to the Site

17.  MODIFICATIONS TO THE SITE

We reserve the right, at Our sole discretion, to modify, alter or remove any part of the Site or discontinue any products or services it provides from time to time and to discontinue the Site completely and nothing contained on the Site or in these Terms and Conditions shall give Us any obligation, of any type, to continue the operation of the Site or any part of it. 

18. GENERAL MATTERS

18.1Operative Law – This Contract will be governed by and construed in accordance with English law and each of the parties agrees to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Contract

18.2 Partnership/Joint Ventures – no contractual relationship other than that envisaged by these Terms and Conditions is intended to arise under this contract and You agree that no relationship of any sort exists between Us and You, save as provided for herein

18.3 Effect Of Contract - this Contract supersedes any previous Contract between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.

18.4 Time of the Essence – time will not be of the essence in any part of this Contract except for clauses 7.2 and 8 where it is agreed that time will be of the essence.

18.5 Warranties - all parties acknowledge and agree that they have not entered into this contract in reliance on any representation, warranty or undertaking which is not set out or referred to in it

18.6 Unenforceability - If any provision or term of this Contract is, or shall become, or be declared illegal, invalid or unenforceable for any reason whatsoever (including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the parties of this Contract) such terms or provisions shall be divisible from this Contract and shall be deemed to be deleted from this Contract and the remainder of the provisions shall continue in full force and effect provided always that if any such deletion substantially affects or alters the commercial basis of this Contract the parties shall negotiate in good faith to amend and modify the provisions and terms of this Contract as necessary or desirable in the circumstances.

18.7 Notices - notices by either party must be given in writing and may be delivered personally or sent by letter (or transmitted by e-mail) addressed to the other party at its registered office. Any such notice given by letter will be deemed to have been given at the time at which the letter would be delivered in the ordinary course of post, if sent by post, and on the date of delivery if delivered personally (or at the date of receipt if transmitted by e-mail).

18.8 Entire Agreement - this Contract constitutes the entire understanding between the parties concerning the subject matter hereof. 

THE SCHEDULE

PROHIBITED ITEMS

Aeroplane tickets

Alcohol

Animals and wildlife products

Bootleg recordings 

Counterfeit currency and stamps

Credit cards

Cosmetics, used

Digitally delivered goods

Drugs and drug paraphernalia

Firearms, ammunition, replicas and militaria

Football tickets

Franking machines

Gaming (slot/fruit) machines

Government identification, licences and uniforms

Government, transit and postal-related items

Hazardous materials

Human parts and remains

Items encouraging illegal activity

Items encouraging infringement or Enabling duplication of copy protected material

Lock-picking devices

Mailing lists and personal information

Manufacturers' vouchers

Medicine and healthcare products policy

Offensive material

Police-related items

Prescription drugs

Prohibited services

Replica, counterfeit and unauthorised copies

Stolen property

Stocks, bonds, securities and related certificates

Tobacco

Train tickets

Weapons and knives

Unlocking software