The Ned|Lon Marketplace Buyer Terms & Conditions
Updated on 07/02/2024
Please carefully read all the terms & conditions stipulated below and make sure that you understand every part of it, since the following creates a binding contract. If you have any questions about the following, please submit your questions to the e-mail address thenedlon@gmail.com. You will be provided with a response within an estimated 24 hours. If you do not accept these terms & conditions, please do not proceed with using the services stipulated under these terms & conditions.
A. Introduction
THE NEDLON LTD (hereinafter “The Ned|Lon,” “us,” or “we”) is a limited company under the company number 12742433, with the registered office at the address 151 West Green Road, London, England, N15 5EA established in England and Wales, in accordance with the laws of the United Kingdom. As the sole owner of the Ned|Lon Marketplace service, The Ned|Lon is committed to offer the best quality services. It is important for us that you are informed of your rights and obligations, in this direction, we provide you with the following terms & conditions to inform you of your rights and obligations regarding the usage of the Ned|Lon Marketplace service (hereinafter the “Service”).
In order for us to ensure that you can use the Service and to make a legally enforceable contract without further reference to you, you must accept these The Ned|Lon Marketplace Buyer Terms & Conditions (hereinafter the “Buyer T&C”). Please note that there are various references to other documents within this Buyer T&C, and you must also comply with those documents. Therefore, it is highly recommended that you read the aforementioned documents before accepting this Buyer T&C.
If you have any questions, comments, queries etc., please do not hesitate to contact us via phoning us on +44 07 50 76 26 032 or sending an e-mail to the e-mail address thenedlon@gmail.com. We will be happy answer your questions. You will get a response within an estimated 24 hours.
B. Scope and Purpose of the Buyer T&C
1. The Ned|Lon is committed to make the lives of others easier. In this direction, we have launched the The Ned|Lon Marketplace service (hereinafter the “Service”) to bring together people who want to sell their items and people who would like to buy those. Our customer satisfaction oriented approach makes it easy and fast for buyers and sellers to fulfil their needs. It is simple, sellers post their items, and buyers buy those, all through the Service.
2. The Ned|Lon is the sole owner and operator of the Service.
3. This Buyer T&C is prepared to set forth and regulate the principles, procedures and rules of the usage of the Service provided by The Ned|Lon to you (hereinafter “the Buyer” “you” or “your”).
4. This Buyer T&C sets forth and governs the terms that are in force and shall be applied for the usage of the Service and in relation to the sale and purchase of the items via the Service.
5. If you decide to use the Service, you must strictly comply with the provisions of this Buyer T&C since it is a binding contract that shall be in force for The Ned|Lon’s relationship with you regarding the Service.
6. The Service is accessible via our Website (as defined below). Prior to using the Service and buying an Item (as defined below) on the Website (as defined below), you will be asked to agree to this Buyer T&C. If you do not accept the Buyer T&C, you will not be able to use the Service.
C. Definitions
For the purposes of this Buyer T&C;
a) Service shall mean the The Ned|Lon Marketplace service accessible via the Website;
b) Seller shall mean the person who uses the Service and offers the Item for sale by posting the necessary written and visual information via the Website;
c) Buyer shall mean the individual who uses the Service to buy the Item via the Website;
d) Item shall mean any physical, tangible and movable product, object, commodity etc. that is capable of being sold and bought, and that is offered for sale;
e) Item Price shall mean the price of the Item;
f) Total Sale Amount shall mean the total amount that is calculated by adding up the Item Price, shipping costs, VAT, any other applicable taxes/fees, and handling charges;
g) Purchase Order shall mean the Buyer’s order for buying the Item on the Website by filling out the Form through following the step-by-step process set out on the Website;
h) Form shall mean the form that the Buyer fills out via the Website when submitting the Purchase Order;
i) Privacy & Cookie Policy shall mean the terms which set forth how your personal data will be dealt with and how cookies will be used (you can read the Privacy & Cookie Policy from the link https://thenedlon.com/privacy);
j) Website shall mean thenedlon.com;
k) Prohibited Product(s) shall mean products that cannot be sold, bought or acquired via the Service, including but not limited to; products that are not physical and movable, alcohol, weapons, tobacco, e-cigarettes and related products, food and beverages, animals & animal products, human remains and body parts, drugs, drug paraphernalia, dietary supplements, illegal products, cosmetics, skin & hair care products, cars, motorbikes, clothing, coins, currency, gift cards, cash equivalents, electronics, gambling and lottery products, dangerous and hazardous items, jewellery, medical devices, offensive and controversial materials, sex & sensuality products, free samples and testers, advertisements, advertisement listings, mailing lists containing personal data, internet domain names, online accounts, real estate, EAN codes, grab bags, sale of service offers, service contracts, coupons, pesticides, plants and seeds, chemicals, poisons, software products, digital download products, digital codes, TV subscription packages, experience days, archeological finds and artefacts, stolen property, lead weights (for weighting fishing lines), specialist printing equipment which is intended for criminal purposes or where the Seller have the knowledge that it will be used for criminal purposes, nitrous oxide chargers, products that contain items which are not openly disclosed in the description (for example mystery boxes), fireworks (category 1 fireworks are excepted), illegal use promoting products, products which violate or have the potential of violating an individual’s privacy, disposable or single-use plastic products under Article 5 of the EU Directive 2019/904 and plastic products made of biodegradable plastic, products under EU Directive 2019/904, made from oxo-degradable plastic and from oxo-biodegradable plastic (this prohibition includes the primary packaging of those), food contact materials made from plastics to which substances that are not listed under the authorised substances within the Commission Regulation (EU) No 10/2011 have been added, cotton swabs and cotton buds with sticks made from plastic, products that are banned by law, illegal or immoral products;
l) Correspondence E-mail shall mean thenedlon@gmail.com;
m) Assigned Communication Channel(s) shall mean any communication channel (phone number, WhatsApp number, e-mail etc.) assigned and notified to the Buyer via the Correspondence E-Mail in order for communications to be conducted with the aforementioned channels;
n) Social Media Accounts shall mean our Instagram Account @thenedlon and LinkedIn Account The Ned|Lon.
D. About the Service & Process
1. The Service brings together Sellers and Buyers in an easy way, and provides a fast & reliable transaction.
2. The description, scope & content of the Service is as set out in this Buyer T&C, Website, Social Media Accounts catalogues, brochures or other forms of advertisement.
3. The Service can only be used by individuals, and cannot be used by persons acting for purposes relating to trade, business or craft of profession (traders, retailers etc.). The Service must not be used by business buyers. By using the Service, the Buyer accepts that he/she is an individual who is not acting for purposes relating to trade, business or craft of profession and that he/she is not a business buyer. In case if the Buyer uses the Service as a business buyer, or a person acting for purposes relating to trade, business or craft of profession, this will constitute a serious breach of this Buyer T&C. In such a scenario, the Buyer must indemnify The Ned|Lon in relation to any loss or damage incurred by The Ned|Lon as a result of the Buyer’s misrepresentation of himself/herself.
4. The Service can only be used by individuals who are eligible to enter into a legally binding contract within the laws of the United Kingdom and his/her country of citizenship and are at least 18 years old and in any circumstance, old enough to be legally considered a person who has attained majority within the laws of his/her country of citizenship. By using the Service, the Buyer acknowledges that he/she is eligible to enter into a contract within the laws of the United Kingdom and his/her country of citizenship and is at least 18 years old, and in any circumstance, old enough to be legally considered as a person who has attained majority within the laws of his/her country of citizenship.
5. The Service can only be used for selling, buying and acquiring physical, tangible and movable products, and not services (for example house cleaning, tutoring etc.).
6. The Service cannot be used for selling, buying and acquiring Prohibited Product(s).
7. The Service can only be used by the Buyer personally.
8. The Service can only be used by Buyers who act on their own behalves. By using the Service, the Buyer accepts that he/she acts in his/her own behalf and not on behalf of someone else.
9. The Buyer will be able to view the Items offered for sale on the Website and/or Service along with the Item Price and Shipping Fee.
10. If the Buyer wants to buy an Item offered for sale via the Service, he/she simply submits his/her Purchase Order by filling out the Form through the Website and submitting the requested information.
11. Once the Buyer submits his/her Purchase Order, The Ned|Lon will review and conduct necessary examinations (hereinafter the “Review Process”) in relation to the Purchase Order. Review Process shall be concluded as soon as possible, and in any case no later than 7 (seven) days following the submission of the Purchase Order.
12. Please note that submitting a Purchase Order shall not necessarily mean that the Item will be sold to and acquired by the Buyer. The Ned|Lon reserves the right to reject the Purchase Order, solely at its own discretion.
13. During the Review Process, The Ned|Lon may request additional information from the Buyer. The Buyer must provide the relevant information and answer the questions asked by The Ned|Lon.
14. In case if The Ned|Lon does not send an Order Confirmation in 7 (seven) days following the submission of the Purchase Order, this shall mean that the Purchase Order is rejected.
15. Following the Review Process, if the Purchase Order is confirmed by The Ned|Lon, The Ned|Lon will send the Buyer an e-mail via the Correspondence E-Mail, informing that the Purchase Order is accepted (hereinafter the “Order Confirmation”). The Order Confirmation will include all information provided by the Buyer. The Buyer must ensure that the information he/she has provided and indicated in the Order Confirmation is true, accurate, complete and error-free and inform The Ned|Lon immediately and in any case no later than 1 (one) working day following the Order Confirmation in case of any errors or objections. The Ned|Lon shall not be responsible for any errors, deficiencies or inaccuracies in the Purchase Order placed.
16. In the Order Confirmation, The Ned|Lon will indicate all necessary information for the payment to be made including but not limited to the bank account information and the Total Sale Amount. Please note that the Total Sale Amount must be exactly and completely transferred to the bank account indicated in the Order Confirmation. Any transfer costs (if any) must be paid by the Buyer. The payment indicated in the Order Confirmation must be made by the Buyer to the indicated bank account in 1 (one) working day following the Order Confirmation. In case if the Buyer fails to make the payment (as requested) in this timeframe, the Purchase Order of the Buyer will be cancelled.
17. Any contract for the sale of the Item and/or purchase is solely made and established between the Seller and the Buyer. The Ned|Lon is not a party to the sales agreement and/or the purchase. Therefore, claims, demands, questions and complaints related to the Item or the sales agreement and/or purchase must be directed to the Seller and/or Buyer. In case if the Seller and Buyer cannot resolve an issue between themselves, The Ned|Lon will try to assist the Seller and Buyer to resolve the issue. However, any such effort of The Ned|Lon cannot be interpreted as The Ned|Lon being a party to the sales agreement and/or purchase.
18. The Ned|Lon, shall serve as the intermediary for facilitating communication and coordination between buyers and sellers in transactions involving the purchase of items. Additionally, buyers have the option to utilize The Ned|Lon's moving service for the transportation of purchased items, which shall be subject to separate pricing and terms.
19. All items listed on the website will be subject to an additional 5% surcharge, to be added on top of the selling price determined by the seller. This surcharge constitutes the profit of The Ned|Lon. Both the seller and the buyer must explicitly agree to this surcharge in order to utilize the services provided by The Ned|Lon.
20. The Ned|Lon is not the seller of any Item. Therefore, The Ned|Lon has no control and makes no commitments relating to the existence, condition, safety, quality, legality, genuineness or delivery of the Item, the accuracy, truth, completeness of any information, description or picture of the Item or any content provided and made available by the Seller, Seller’s ability, authorisation, entitlement to sell the Item, and the Buyer’s ability, authorisation, entitlement to pay for and acquire the Item, or relating to whether a Seller or Buyer will complete the transaction or return the Item. Therefore, The Ned|Lon shall have no liability in this respect. The Buyer accepts that he/she must not assert any claim against The Ned|Lon for any result arising from the sale of an Item or any related transaction.
E. Obligations of the Buyer & Principles of Sale
1. The Buyer must provide true, accurate, complete and error-free information when filling out the Form, submitting the Purchase Order, in every phase of the Service and in every communication with The Ned|Lon via the Communication E-Mail, Assigned Communication Channel(s) and Social Media Accounts.
2. The Buyer accepts that he/she shall be solely liable for any consequence in relation to providing false, inaccurate, incomplete or erroneous information. It is of utmost importance that the Buyer provides true, accurate, complete and error-free information since providing false, inaccurate, incomplete or erroneous information is strictly prohibited and may lead to legal action against the Buyer. The Buyer shall not be entitled for any claim against The Ned|Lon in relation to any consequence as result of providing false, inaccurate, incomplete or erroneous information. The Buyer shall indemnify The Ned|Lon in relation to any loss or damage incurred by The Ned|Lon as a result of false, inaccurate, incomplete or erroneous information submitted by the Buyer.
3. The Buyer shall completely provide all information required to fill out the Form and submit the Purchase Order. The Ned|Lon may ask for additional information at any time (before putting the Item on the Website, while the Item is present on the Website, or any other time). The Buyer shall provide all information requested by The Ned|Lon.
4. If the Buyer provides false, inaccurate or erroneous information; or fails to provide the additional information requested by The Ned|Lon, The Ned|Lon may reject the Purchase Order, and if the Purchase Order is previously accepted, The Ned|Lon may cancel the Purchase Order.
5. The Ned|Lon takes all necessary measures to make sure that the Item is as described. However, as explained in detail above, The Ned|Lon is not the seller of any Item. Therefore, The Ned|Lon has no control and makes no commitments relating to the existence, condition, safety, quality, legality, genuineness or delivery of the Item, the accuracy, truth, completeness of any information, description or picture of the Item or any content provided and made available by the Seller, Seller’s ability, authorisation, entitlement to sell the Item, and the Buyer’s ability, authorisation, entitlement to pay for and acquire the Item, or relating to whether a Seller or Buyer will complete the transaction or return the Item. Therefore, The Ned|Lon shall have no liability in this respect. The Buyer accepts that he/she must not assert any claim against The Ned|Lon for any result arising from the sale of an Item or any related transaction. Please further note that the Buyer must not, in any way, reflect the dispute between himself/herself and the Seller to The Ned|Lon.
6. Please note that if the sold Item is significantly not as described, the Buyer will have the option to return the Item and request a full refund from the Seller by informing The Ned|Lon with all necessary proof showing that the Item is significantly not as described. The Ned|Lon will evaluate such request of the Buyer and in case if the request is true and rightful, forward the request of the Buyer to the Seller. The Ned|Lon will inform the Buyer of the response of the Seller. In case if the Buyer decides to take legal action against the Seller, The Ned|Lon will share certain information about the Seller with the Buyer for the Buyer to seek legal remedies. However, please note that, as stipulated above, since The Ned|Lon is not the seller or in any way not a party to the contract for the sale of the Item and/or purchase, The Ned|Lon does not provide a guarantee in relation to the acceptance or rejection of the request by the Seller, and The Ned|Lon shall not be liable for any such consequence. The Buyer accepts that he/she must not assert any claim against The Ned|Lon for any result arising from the sale of an Item, any related transaction or any dispute (whether or not legally asserted).
7. The Ned|Lon shall not be responsible for any local customs charges, import taxes, duties or any similar charge(s) arising from the carriage and/or delivery of any shipments. The Buyer accepts that he/she must reimburse The Ned|Lon fully in respect of any such charges within 7 (seven) days from the date of demand, in case if any such charges become due as a result of carriage and/or delivery of a shipment and are charged to The Ned|Lon by any authority.
8. The Buyer accepts that he/she is a private individual, and not a person acting for purposes relating to trade, business or craft of profession (traders, retailers etc.). The Buyer accepts that he/she shall not use the Service for purposes relating to trade, business or craft of profession (traders, retailers etc.). In case if the Buyer uses the Service by representing himself/herself as a private individual buyer, despite the fact that he/she is a business buyer, he/she shall indemnify The Ned|Lon for any related claim, damage or loss. Please note that it will constitute a serious breach for a business to represent itself as a private individual buyer.
9. The Ned|Lon is not able to conduct fact-check on the Buyer’s identity, therefore The Ned|Lon shall not be liable for any false, inaccurate or erroneous information provided by the Buyer. The Buyer accepts that he/she shall indemnify The Ned|Lon in relation to any loss or damage incurred by The Ned|Lon as a result of false, inaccurate, incomplete or erroneous information submitted by the Buyer.
10. It is strictly prohibited for the Buyer to buy Prohibited Product(s). The Buyer shall not use the Service for buying Prohibited Product(s).
11. In case if any Prohibited Product(s) is posted on the Website, the Buyer must immediately inform The Ned|Lon in written. If the Buyer uses the Service to buy Prohibited Product(s), the Buyer accepts that he/she shall be solely responsible for any damage or loss. In such a scenario, the Buyer accepts that he/she shall indemnify the The Ned|Lon for any loss or damage that The Ned|Lon incurs as a result of the sale of the Prohibited Product(s).
12. The Buyer accepts that in case if the Item subject to the Purchase Order perishes, breaks down, gets damaged or if any situation affecting the condition of the Item arises after submitting the Purchase Order or at any time during the Item is present on the Website, the Item may not be capable of being sold and bought. In such a scenario, The Ned|Lon will inform the Buyer and cancel the Purchase Order. In such a scenario, The Ned|Lon shall not be liable. The Buyer accepts that he/she must not assert any claim against The Ned|Lon in such a scenario.
13. The Buyer accepts that the Delivery Location determined and notified to the Buyer via the Order Confirmation shall be binding for the Buyer and that the transaction is completed.
14. The Buyer’s privacy and confidentiality of his/her information are important for The Ned|Lon. Therefore, during all communications with The Ned|Lon, the Buyer shall exclusively use the e-mail address and phone number he/she indicated in the Form while submitting the Purchase Order. The Ned|Lon will exclusively communicate with that e-mail address and phone number in relation to the Service. The Ned|Lon is not obliged to communicate with any other communication address.
15. The Correspondence Address is the only communication address that The Ned|Lon will use when communicating with the Buyer. Therefore, the Buyer shall not communicate with any other communication address, and shall conduct all communications with the Correspondence Address. However, the Buyer shall also communicate with the Assigned Communication Channel(s), if The Ned|Lon assigns any via an e-mail from the Correspondence Address.
16. It is the Buyer’s responsibility to ensure that any Item information or specification he/she provides is true, accurate and error-free.
17. The Buyer accepts that he/she is solely responsible for all financial duties, taxes, tax obligations (including but not limited to any associated fines, charges, penalties, and interest accrued for late payment) in relation to the sale of an Item via the Service (except as otherwise regulated by law). The Buyer must comply with all applicable laws and regulations regarding such financial duties, taxes, tax obligations (including but not limited to any associated fines, charges, penalties, and interest accrued for late payment) and must immediately provide any information and data that The Ned|Lon requires to verify such compliance. If The Ned|Lon incurs any costs, loss or damage as a result of the Buyer’s failure to comply with this provision, the Buyer shall reimburse The Ned|Lon immediately on demand.
18. The Buyer must not give any false, inaccurate, incomplete or erroneous information.
19. The Buyer must not permit another person (including legal persons) to use the Service under his/her name or on his/her behalf.
20. The Buyer must not use the Service if The Ned|Lon has suspended or banned the Buyer from using the Service.
21. The Buyer must not send spam, junk or repetitive messages, either by e-mail or phone.
22. The Buyer must not engage in any illegal or unlawful activities (including but not limited to buying, selling or knowingly purchasing counterfeit or fake products, or selling or intentionally purchasing a product that violates another person’s rights).
23. The Buyer must act in accordance and comply with all legal regulations in relation to the sale or purchase of the Item (including but not limited to import and export rules and procedures).
24. The Buyer must not buy and/or attempt to buy Prohibited Product(s). If any transaction occurs for the sale of any Prohibited Product(s), the Buyer must immediately reimburse The Ned|Lon for any related loss, damage.
25. The Buyer must not purchase the Item by making direct arrangements with the Seller, and must not in any way, bypass the Service. By submitting a Purchase Order, the Buyer accepts that he/she must only use the Service for the sale and purchase of the Item subject to the Purchase Order.
26. The Buyer must not submit any private, confidential and/or sensitive information about himself/herself or another person (information required to use the Service or required by The Ned|Lon are excepted).
27. The Buyer must not mine data, screen scrape, crawl, decompile, disassemble, reverse engineer, adapt, copy, vary, edit, distribute and/or commercialise the whole or any part of the Service and/or the Website.
28. The Buyer must co-operate with The Ned|Lon in all matters relating to the Service, provide The Ned|Lon, its employees, business partners and representatives with access to any premises, document, data and/or information under the Buyer’s control as required; provide The Ned|Lon with all data and information required to perform the Service or an obligation under applicable law, obtain any necessary licenses and consents.
F. Text, Information, Images, Photos and Data Submitted by the Buyer
1. The Buyer confirms that he/she has the right to use all visual, written and vocal text, information, images, photos and data that he/she submits.
2. In case if the Buyer submits visual, written and vocal text, information and data that he/she does not have the right to use, he/she shall indemnify The Ned|Lon in relation to any loss or damage incurred by The Ned|Lon as a result.
3. By submitting any visual, written and vocal text, information, images, photos and data to The Ned|Lon in any way, the Buyer grants The Ned|Lon a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the visual, written and vocal text, information, images, photos and data (including but not limited to all intellectual property rights therein) anywhere and in any form, without making any payment to the Buyer for the purposes of providing the Service or for any purpose related to the operation of The Ned|Lon.
G. Property and Related Rights of the Service
1. The Website and Service is the property of The Ned|Lon.
2. The intellectual property rights of all content in the Website, Social Media Accounts, Service and any content made available or sent to you by The Ned|Lon (including, but not limited to visual, audible written content) either belongs to The Ned|Lon or The Ned|Lon has the authorisation and permission to use the aforementioned. Please note that the aforementioned intellectual property is under the protection of local and international property regulations and laws.
3. The Ned|Lon does not grant you any rights (including but not limited to the right to use) on The Ned|Lon’s name, or any of the The Ned|Lon’s property (including, but not limited to domain name(s), logos, trademarks, distinctive features) or on the intellectual property of the content in the Website, Social Media Accounts, Service and any content made available by The Ned|Lon (including, but not limited to visual, audible written content).
H. Principles on the Usage of the Website and Service
1. The Ned|Lon is taking all necessary measures to keep the Website and Service secure, safe, available and running smoothly. Please note that The Ned|Lon has no responsibility or liability for any loss, damage or harm caused by harmful softwares, worms, viruses, logic bombs, Trojans or other programmes while the Buyer is using the Service and/or Website which is intended to or will potentially impair the Service and/or Website and will potentially damage the Buyer. The Buyer accepts that he/she must not assert any claim against The Ned|Lon for any such loss, damage or harm.
2. The Website and/or Service may contain links to third party links/databases/websites/applications/programmes/services/products etc. Therefore, the Buyer may be able to access to third party links/databases/websites/applications/programmes/services/products etc. which are not under the control of The Ned|Lon. The Ned|Lon has no control over the nature, content, safety, security and availability of those links and the content of those links. Therefore, The Ned|Lon shall not be liable for any loss or damage (including but not limited to direct, indirect or consequential loss or damage, or any loss or damage whatsoever) arising as a result of, or in connection with, the use of the aforementioned third party links. The usage of these third party links/databases/websites/applications/programmes/services/products etc. is strictly at the Buyer’s own discretion. The inclusion of any third party links on the Website and/or Service does not imply a recommendation or endorse the information, services, data, related images or related graphics contained within those links.
3. The Ned|Lon is taking all necessary measures to keep the Website and Service available and running smoothly. However, please note that there may be various occasions when the Service may be interrupted (including but not limited to interruptions for maintenance, updates, upgrades, repairs etc., or interruptions resulting from the failure of electronic, wire, telecommunication, software systems, links and/or equipment. Therefore, The Ned|Lon is unable to promise that the Service or the Website will be uninterrupted, without delays, error-free or will fulfil your demands, requests and expectations. In the same direction, The Ned|Lon makes no commitment regarding the performance or availability of the Website and Service. The Ned|Lon hereby excludes any commitments and promises that is expressed by or may be implied by applicable legal regulations (to the extent that The Ned|Lon is able to do so). In addition, the Buyer accepts that the internet may potentially be disrupted, intercepted, interfered etc. by breaches of security and that the Buyer accepts that the submission of information and data may not be secure and the Buyer submits all information and data at his/her own discretion. The Ned|Lon is not responsible for any result arising from the submission of information and data to the Website and Service.
4. The Buyer must not modify, interfere, intercept, disrupt or hack the Service and/or Website. If the Buyer does or attempts to do so, the Buyer shall immediately reimburse The Ned|Lon for any related loss, damage.
5. The Buyer must not misuse the Service and/or the Website by introducing harmful softwares, worms, viruses, logic bombs, Trojans or other programmes which is intended to or will potentially impair the Service and/or the Website. If the Buyer does or attempts to do so, the Buyer must immediately reimburse The Ned|Lon for any related loss and/or damage.
6. The Buyer must not, in any way circumvent any of the technical measures which are implemented to protect or provide the Service and the Website.
7. The Buyer must not use the Service for drop shipping.
8. The Buyer must not adapt, copy, vary, edit, distribute or commercialise any content in the Website and Service without the prior written consent of The Ned|Lon.
9. The Ned|Lon is committed to provide you a pleasurable experience. In this direction, The Ned|Lon may, from time to time, update, revise or change certain features of the Website and Service to improve the user experience and offer you new and innovative features.
10. In this direction, The Ned|Lon may need to reset, update, revise, stop offering and/or supporting a particular part of the Service etc. Such actions which are deemed necessary by The Ned|Lon may potentially affect the Buyer’s past activities on the Service and/or the Website. Please note that The Ned|Lon is not liable for any result arising thereof.
11. The Buyer accepts that the Service and/or Website may be revised, changed, modified over time and this is an essential basis on which The Ned|Lon grants access to the Service and Website. In case if any change to the Service is made, the Buyer’s continued use of the Service shall show that the Buyer has accepted any such changes to the Service. Please note that the Buyer is free to stop using the Service in accordance with and as stipulated under this Buyer T&C.
I. Updates of the Buyer T&C
1. The Ned|Lon may update, change or revise this Buyer T&C from time to time. Please note that in such a scenario, the updated version of the Buyer T&C will be available on the Website. In addition, The Ned|Lon will send (via e-mail) its existing Buyers the updated version of the Buyer T&C.
2. The updated Buyer T&C will enter into force at the time the updated Buyer T&C is made available on the Website. Please note that the Buyer’s continued use of the Service shall constitute acceptance of the updated Buyer T&C. The Buyer is not obliged to accept the updated Buyer T&C and is free to stop using the Service in accordance with and as stipulated under this Buyer T&C.
J. Miscellaneous
1. The Buyer must personally use the Service, on his/her own behalf and the Buyer must not transfer this right to someone else in any way.
2. The Buyer must not assign any rights or obligations stipulated under this Buyer T&C to another person without the prior written consent of The Ned|Lon.
3. The Buyer must ensure that the e-mail address and phone number he/she provides is existent, active and accessible. The Buyer must check the e-mail address and phone number he/she provides on a regular basis.
4. Please note that The Ned|Lon shall not be liable for any error, misconnection etc. arising as a result of the Buyer’s failure to provide correct information. The Ned|Lon shall not be responsible for any consequence (including but not limited to delays, misconnections, misunderstandings) in relation to such failure of the Buyer.
5. If the Buyer violates, breaches or fails to comply with any provision of this Buyer T&C, The Ned|Lon is entitled to (solely and entirely at its own discretion) take all or any of the following actions without the need for prior notice:
a) immediately, temporarily or permanently banning the Buyer from using the Service;
b) immediately, temporarily or permanently removing all content in relation to the Buyer from the Service and the Website;
c) issuing of a warning to the Buyer;
d) taking legal action against the Buyer (including but not limited to initiating proceedings against the Buyer for reimbursement of all costs, losses and damages arising from the violation of any terms of this Buyer T&C by the Buyer);
e) disclosing information about the Buyer to law enforcement and other official authorities in case if the disclosure is necessary for The Ned|Lon to assert any claim, submit any legal claim, fulfil any legal obligation or to comply with the applicable legal regulations;
f) any other action which The Ned|Lon reasonably deems appropriate.
6. In case if the Buyer fails to comply with this Buyer T&C and The Ned|Lon does not take action immediately, this shall not mean, or be interpreted as The Ned|Lon waiving its rights of taking action.
7. The term “The Ned|Lon” in the non-liability provisions of this Buyer T&C shall also include all people who work for The Ned|Lon (including but not limited to The Ned|Lon’s ambassadors, employees, directors, any other managing agents, or their respective affiliates, owners, partners, officers, agents, service providers, business partners).
8. The Ned|Lon has third party service providers who may assist you throughout the process for the best experience & excellence. The Ned|Lon (including but not limited to The Ned|Lon’s ambassadors, employees, directors, any other managing agents, or their respective affiliates, owners, partners, officers, agents, service providers, business partners) shall not be liable for any material and/or moral damage resulting from third party service providers’s actions. Therefore, the Buyer accepts that he/she must not assert any claim against The Ned|Lon resulting from the third party service providers’s actions.
9. The Ned|Lon is entitled to investigate any suspicious activity or any violation of this Buyer T&C and/or applicable law. If The Ned|Lon initiates such an investigation, during the investigation, The Ned|Lon is entitled to temporarily withdraw the Buyer’s right to use the Service without notice to the Buyer. If it is detected that the Buyer has violated any of his/her obligations within this Buyer T&C and/or applicable law, The Ned|Lon may permanently ban the Buyer from using the Service.
10. The Ned|Lon may from time to time provide advertising, promotion etc. to the Buyer via the Service, Website, e-mail and/or by phone. Please note that when providing the advertising, promotion etc., The Ned|Lon acts in full compliance with the Privacy & Cookie Policy and the applicable legal regulations, including the Guide to the UK General Data Protection Regulation (hereinafter the “UK GDPR”) and the Data Protection Act 2018 (hereinafter the “DPA 2018”).
11. If the Buyer violates, breaches and/or breaks any rules of this Buyer T&C, any rules which are notified to the Buyer by The Ned|Lon and/or which are regulated under applicable law, The Ned|Lon is entitled to immediately end the Buyer’s use of the Service.
12. The Ned|Lon may also temporarily or permanently withdraw the Service for any reason, at any time, without notice, and without any liability to the Buyer.
13. The Ned|Lon is entitled to assign any of its rights and obligations under this Buyer T&C.
14. The Buyer accepts that The Ned|Lon is not the agent, attorney, representative etc. of the Buyer.
15. This Buyer T&C does not create, constitute or establish an employment, agency, partnership, or joint venture relationship between the Buyer and The Ned|Lon.
16. The Ned|Lon reserves the right to offer you different conditions in exceptional circumstances. However, these conditions shall be shared with you in written and shall be agreed upon to enter into force.
17. The Ned|Lon and its selected business partners may provide advertising to the Buyer via the Website and/or Service or by e-mail. The aforementioned advertising may be based on the content that the Buyer submits when filling out the Form, submitting a Purchase Order or by other methods such as e-mail. When delivering advertising, The Ned|Lon will act in full compliance with the Privacy & Cookie Policy and the applicable legal regulations, including the UK GDPR and the DPA 2018. The Ned|Lon may also use advertising cookies, in accordance with the Privacy & Cookie Policy.
18. If at any time the Buyer decides that he/she no longer agrees to this Buyer T&C (or any changes or revisions made to this Buyer T&C) or that he/she no longer wants to use the Service, the Buyer must immediately stop using the Service. If the Buyer makes such a decision, he/she must immediately contact The Ned|Lon via sending an e-mail to the Correspondence E-Mail and clearly indicate that he/she wishes to stop using the Service. Such a request can only be delivered via the e-mail address indicated by the Buyer in the Form. Please note that such a request of the Buyer can only be fulfilled if the Item has not yet been sold. Thus, if the Item has been sold before or on the date of such request, the request will only be fulfilled after the transaction is completed.
19. In case if any provision in this Buyer T&C is invalid, unenforceable or illegal due to applicable law, only such provision shall be ineffective only to the extent of such invalidity, unenforceability or illegality. Validity, enforceability and legality of the remaining provisions shall not in any way be affected or impaired thereby.
20. This Buyer T&C constitutes the entire agreement and understanding between the Buyer and The Ned|Lon and replaces any prior written or oral agreements made between the Buyer and The Ned|Lon.
21. The headings contained in this Seller T&C are solely for reference purposes and shall not affect the meaning or interpretation of this Seller T&C or of any term or provision hereof.
22. The Buyer accepts that any information disclosed by The Ned|Lon or learned by him/her about The Ned|Lon is confidential and must not be disclosed to third parties. The Buyer must ensure that any such information is kept confidential and not shared with third parties. Please note that in case if the Buyer decides to stop using the Service, he/she must immediately destroy any such information which is delivered to him/her by or in relation to The Ned|Lon. Please further note that the confidentiality obligation stipulated under this provision shall indefinitely continue, regardless of whether the Buyer uses the Service or not.
23. No third party is entitled to the benefit of this Buyer T&C under the Contracts (Rights of Third Parties) Act 1999 or related legal regulations.
24. English law shall be applicable to all disputes arising from and the interpretation of this Buyer T&C. English courts shall have jurisdiction over any dispute arising from or related to the Buyer’s use of the Service. Please note that The Ned|Lon always seeks settlement through mutual good faith in the first place. Therefore, the Buyer is firstly required to submit his/her complaint to the e-mail address thenedlon@gmail.com in written. The Ned|Lon will review the complaint and get back to the Buyer in 5 (five) days. The Buyer shall only be entitled to initiate legal proceedings if the response of The Ned|Lon does not fulfil the requirements of the Buyer’s complaint or if The Ned|Lon does not respond in 5 (five) days from the date of the complaint e-mail.
25. All notices within this Buyer T&C shall be sent in written via e-mail. Notices to the The Ned|Lon shall be sent to thenedlon@gmail.com. Notices to the Buyer shall be sent to the e-mail address which the Buyer indicates when filling out the Form and submitting a Purchase Order.
26. The Buyer can always submit questions, queries, comments or feedbacks in relation to the Service, Buyer T&C or any other document referred to or mentioned in this Buyer T&C by e-mailing thenedlon@gmail.com.