Principles and arrangements for offering items
London Music Hall’s arrangements are guidelines that make a protected, reasonable and charming exchanging environment for all LMH members. As a dealer, you are in charge of comprehension and sticking to LMH’s offering arrangements, and additionally all relevant laws and controls as laid out in the User Agreement .
Strategies and rules particularly identified with offering an item include:
Precluded and limited items ― What items can and can’t be listed. LMH’s limitations are regularly in view of nation, incorporating those managing copyright or trademark. Be that as it may, numerous limitations include the offer of dubious or delicate items and are not really precluded by law, and are regularly leads we have organized in light of input from our Community. Before you list your thing, it is a smart thought to peruse LMH’s disallowed and limited things arrangement to check whether it is on the rundown of what may not be sold on LMH.
Finishing the deal ― These approaches are identified with exchanges. For instance, tolerating installment and sending an item that is fundamentally not quite the same as the item portrayed in the listing is not permitted. For arrangement and cases, see Seller non-execution.
Breaks of LMH arrangements can bring about a scope of actions, including:
Relinquish of LMH expenses on wiped out listings
Constrains on account benefits
Loss of PowerSeller status
At the point when ruptures of approach happen, LMH messages the merchant, and in addition bidders, that a listing has been finished. Finding out about LMH’s offering arrangements beforeyou list an item will help you to stay away from accidentally breaking rules (and the law). LMH’s offering approaches are overhauled to react to commercial center, Community and security issues, so it is essential to check them consistently for changes.
Using LMH auctions page
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
fail to pay for items purchased by you, unless you have a valid reason as set out in an LMH policy the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
fail to deliver items sold by you, unless you have a valid reason as set out in an LMH policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user’s listings;
post false, inaccurate, misleading, defamatory, or libellous content;
transfer your LMH account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific LMH transaction (which includes using this information to send marketing materials directly to LMH users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm LMH, or the interests or property of LMH users;
use any robot, spider, scraper or other automated means to access our Services for any purpose.
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any LMH application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Services or LMH’s works of authorship, designs and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of LMH and the appropriate third party, as applicable;
commercialise any LMH application or any information or software associated with such application;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
circumvent any technical measures we use to provide the Services.
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Abusing LMH auctions page
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities;
we think that such restrictions will improve the security of the LMH community or reduce our or another LMH user’s exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the LMH site with 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
You are required to have a payment method on file when selling on LMH. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
your listing may not be immediately searchable by keyword or category for up to 24 hours. LMH does not guarantee exact listing durations;
content that violates any of LMH’s policies may be deleted at LMH’s discretion;
where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, LMH policy compliance and detailed seller ratings. Learn more about finding an item you listed for sale;
LMH’s duplicate listing policy may also affect whether your listing appears in search results;
Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
some optional upgrade features will only be visible on certain LMH Services.
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, you agree to comply with the rules for buyers and that:
you are responsible for reading the full item listing before making a bid or commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
if you purchase an item on an LMH site other than londonmusichall.co.uk you are subject to the User Agreement of that other seller site solely with respect to that particular purchase.
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.
You may stop your listings from appearing internationaly by excluding international postage locations from your listings. By selecting international postage you authorise LMH, in its discretion, to display your listings on for toher countries other than just in the UK. When you sell your items internationally, you agree to be subject to the postage fee.
You authorise us to use automated tools to translate your content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including LMH users). You may use such catalogue content solely in connection with your LMH listings during the time your listings are on LMH’s site. That permission is subject to modification or revocation at any time at LMH’s sole discretion.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all LMH policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
To protect against the risk of liability, LMH 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, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, LMH may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in the description of the items listed and deal with it with the buyer.
When an item is returned, to refund the buyer, you request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
When a transaction is cancelled, and you choose to refund the buyer via Paypal, you will request PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer.
Most LMH sales go smoothly, but if there’s a problem with a purchase, seller and buyer needs to go in dispute through Paypal.
Sellers must have a payment method with LMH. The accepted method on LMH auctions page is Paypal only.
We try to keep LMH and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in LMH’s Services may not occur in real time. Such functionality is subject to delays beyond LMH’s control.
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 from:
your use of or your inability to use our Services;
pricing, postage or other guidance provided by LMH;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any LMH Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing LMH section;
the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
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.
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.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. LMH 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 sites.
Nothing in this User 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.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of LMH’s Services or your breach of any law or the rights of a third party.
If a dispute arises between you and LMH, we strongly encourage you to first contact us directly to seek a resolution by contacting email@example.com. 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 User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and LMH 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 User 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.
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.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
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 User Agreement.
If you have a dispute with one or more users, you release us 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.
We may amend this User Agreement at any time by email, or via the Messages section of LMH message service or by posting the amended terms on www.londonmusichall.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an LMH representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the LMH 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.
The User Agreement, the LMH User Privacy Notice and all polices posted on our site are the entire agreement between you and LMH and supersede all prior understandings and agreements of the parties.
These items may not be listed on LMH:
Drugs and drug paraphernalia
Embargoed goods and prohibited countries
Firearms, weapons and knives
Government, transit, postal items and official items policy
Hazardous, restricted, or regulated materials
Items encouraging illegal activity
Mailing lists and personal information
Medicine and healthcare products policy
These items may only be listed on LMH under certain conditions:
Animals and wildlife products
Artefacts, antiques, cultural items and grave-related items
Charity or fundraising listings
Counterfeit currency and stamps
Digitally delivered goods
Electrical and electronics equipment
Gaming (slot/fruit) machines
Human parts and remains
Plants and seeds
Stocks and other securities
These items may infringe certain copyrights or trademarks:
Rules about intellectual property – overview
Enabling duplication of copy protected material
Items encouraging infringement
Mod chips, game enhancers and boot disks
Perfume and cosmetics
Replica, counterfeit and unauthorised copies
Unpaid item policy
When a buyer wins an item or uses Buy it now to purchase an item, the buyer is obliged to complete the purchase by sending full payment to the seller.
If a buyer doesn’t pay within 3 days, a seller can cancel the item and post it again on the LMH auctions page. No harms for the seller.
Reporting policy breaches
If you see a listing that breaches LMH policies, please report it by send us a message through firstname.lastname@example.org. When a policy breach occurs, we email the seller and the bidders or the buyer to let them know that the listing has been removed from LMH.