Terms and conditions

This site is owned and operated by Chris Snell and Michael Petch trading as Hoizo Tech (“Hoizo”, “we” or “us”) of Hoizo.com, 12 Rainford Square, Kirk Sandall, Doncaster, DN3 1NS.

1. These terms and conditions govern your use of the hoizo.com website (our “Site”), and govern your relationship with us.

1. All activities and actions performed on our Site are subject to these terms and conditions. All users, both unregistered visitors and members, are subject to these terms and conditions. By using or contributing to or registering with our Site you enter into a binding contract with us on the following terms and conditions. If you do not accept these terms and conditions, you should not use our Site.

1. We reserve the right to change these terms and conditions at any time. Amendments will take effect when posted on our website. However, the terms and conditions current as at the start of a particular transaction will apply until that transaction is completed.

Our service

1. Our Site facilitates a convenient way to buy and sell goods and services over the internet. We provide an online facility vehicle through which traders can sell and customers can buy goods and services (\\\'the Services\\\').

1. Subject to clause 39, we do not have and never intend to have any contractual involvement in your transactions. Any disputes between buyers and sellers are just that: we are under no obligation to become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods or services on your behalf and this is a feature of the relationship between you and us that you willingly accept. Notwithstanding the foregoing we will endeavour to assist users of our Site in resolving any disputes they may have with other users of our Site.

Our fees

1. Use of the Services is free for buyers. Our fees for sellers using the Services are as follows:

1. £0.00 per month for operating a store on our Site (‘the Basic Fee’);

1. £1.00 per month for utilising our multiple photograph service, which enables buyers to upload more than one photograph on our Site at any one time (‘the Multiple Photograph Fee’);

1. £1.00 per month for posting a store to our fan page on Facebook (‘the Facebook Fee’).

For the avoidance of doubt no additional selling fee becomes payable when a seller sells goods or services through our Site.

1. The Basic Fee, the Multiple Photograph Fee and the Facebook Fee are payable in advance of us providing the Services to sellers who wish to sell goods or services through our Site.

1. The Basic Fee can be paid at any time during a calendar month and once it has been paid, subject to clause 52 of these terms and conditions, the buyer will be permitted to operate a store on our Site for a period of 30 days. Upon the expiry of the 30 days a further Basic Fee will become payable should the buyer wish for their store to remain on our Site. For the convenience of sellers the Basic Fee may be paid by subscription.

1. The services to which the Multiple Photograph Fee and the Facebook Fee relate will only be provided to sellers who have paid the Basic Fee. Such services can be activated at any time during a calendar month but will terminate automatically when the services to which the Basic Fee relates expires or is otherwise terminated in accordance with these terms and conditions. For the convenience of sellers the Multiple Photograph Fee and the Facebook Fee may be paid by subscription.

1. Save where we are required to do so by the Consumer Protection (Distance Selling) Regulations 2000, under no circumstances will we refund any Basic Fee, Multiple Photograph Fee or Facebook Fee which has been paid. For the avoidance of doubt no refund is payable in the event that a seller fails to sell goods or services through our Site.

Registration and security

1. In order to use the Services you are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use the Services. Any individuals who are unable to form legally binding contracts are prohibited from using the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

1. If you are registering with our Site as a business you are making a statement, upon which we are entitled to rely, that you have the authority to legally bind that business.

1. You agree to provide true, accurate, current and complete information about yourself when registering with the Site and agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.

1. You are responsible for maintaining the confidentiality of any username and/or password provided to you. You agree to be responsible for any unauthorized use resulting from a failure on your part to maintain the confidentiality of any username and/or password provided to you. You agree to immediately notify us of any unauthorized use of your registration or password.

1. You agree not to transfer your account to another party without our written consent.

1. We use Paypal to secure and protect your payments and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

General rules governing buying

1. To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If you agree to purchase goods or services, you must complete the transaction.

1. You may not retract an acceptance of an offer to purchase goods or services except in exceptional circumstances, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller. Sellers may refuse to accept your order for whatever reason.

1. Your acceptance of an offer to purchase goods or services entitles us and any seller to rely on such acceptance and as a result you warrant and undertake that you have the legal right to enter into any such transaction.

1. It is for buyers to satisfy themselves, before they offer to purchase goods or services, as to all conditions of the goods or services including but not limited to the quality of the goods or services and their fitness for purpose.

General rules governing listing and selling

1. In relation to all goods and services you sell or list for sale through our Site:

1. you must be the absolute unencumbered legal owner with the right to sell those goods or services; and

1. your sale or the use of the goods or services must not infringe any third party rights or be unlawful in any way or be prohibited pursuant to clause 25 of these terms and conditions.

1. When selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, \\\'the Listing Information\\\'). Once you post the Listing Information, the item becomes \\\'a Listed Item\\\'. Once an item becomes a Listed Item, you are making an irrevocable offer to sell. Once an item becomes a Listed Item it will be visible to all users of and visitors to our Site until such time as it is sold or removed from sale.

1. Any seller who accepts an offer to purchase goods is obliged to complete the transaction unless the buyer fails to meet the terms of the listing or the seller is unable to authenticate the identity of the buyer or the buyer does not have sufficient financial capacity.

1. A Listed Item will remain listed on our Site until:

1. it is sold; or

1. the seller-specified listed time expires; or

1. we receive written notice via email from the seller that it wishes to de-list it; or

1. the seller removes a Listed Item; or

1. we terminate this agreement in accordance with these terms and conditions.

Prohibited items

1. You agree not sell or list for sale:

1. sexually orientated adult material;

1. narcotics, steroids, and other controlled substances as classified by the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001;

1. drug paraphernalia (items designed or primarily intended for use in the manufacturing, concealing, or use of a controlled substance);

1. medicines and healthcare products;

1. firearms, ammunition, replicas and militaria (other than medals, awards, insignia, documents and photographs);

1. any weapon classified by the Criminal Justice Act 1988 as an offensive weapon;

1. knives (other than dining cutlery sets that include knives used for eating, letter openers, razor blades, surgical blades, chisels, axes, saws and hoof trimming tools);

1. hazardous and explosive materials, including recalled items;

1. government identification materials, licences and uniforms;

1. police or other emergency services related badges or equipment;

1. mailing lists and personal information;

1. human bodies, human remains and human body parts, including organs, bone, blood, waste, sperm, and eggs;

1. stolen property;

1. items which infringe the intellectual property rights of another;

1. items which encourage illegal activity, including lock-picking devices;

1. offensive material, including but not limited to any material that promotes or glorifies hatred, violence, racial, sexual, or religious intolerance, or promotes organisations with such views;

1. illegal services, services that may be deemed sexual in nature, medical services and recruitment services;

1. aeroplane and train tickets;

2. alcoholic beverages and tobacco products and electronic cigarettes or e-cigarettes;

1. animals and parts of animals including pelts, skins, ivory, bones and wild bird eggs;

1. British titles classified by the Honours (Prevention of Abuses) Act 1925;

1. used undergarments;

1. franking machines and gaming machines;

1. stocks, bonds, securities and related certificates.

Sale of food

1. The sale of food and food-related products through our Site is permitted.

1. It is for sellers of food and food-related products to satisfy themselves that they comply with all relevant laws before listing such items on our Site. If in doubt, sellers should obtain legal advice as to their obligations and/or guidance from the Food Standards Agency and/or the Department for Environment, Food and Rural Affairs.

Sale of event and football tickets

1. The sale of event and football tickets through our Site is permitted save that users are not permitted to sell or list for sale:

1. tickets to events where all tickets are free to the public;

1. football tickets to association football matches occurring in England or Wales, or involving an English or Welsh national or club team playing outside England or Wales;

1. football tickets to association football matches occurring anywhere in the world that are part of a competition or tournament organised by UEFA or FIFA and that an English or Welsh national or club team has participated in, or is eligible to participate in;

1. tickets to an Olympic event.

1. It is for sellers of event and football tickets to satisfy themselves that they comply with all relevant laws and any contractual obligations they may have before listing such items on our Site. If in doubt, sellers should obtain legal advice as to their rights under any contract they may have and as to their legal obligations.

1. It is for business sellers offering tickets for sale to consumers on our Site to satisfy themselves that they comply with the Price Indications (The Resale of Tickets) Regulations 1994.

Sale of plants and seeds

1. The sale of plants and seeds through our Site is permitted provided that such a sale is not prohibited by law and provided that all applicable laws are complied with.

1. It is for sellers of plants and seeds to satisfy themselves that they comply with all relevant laws before listing such items on our Site. If in doubt, sellers should obtain legal advice as to their obligations and/or guidance from the Department for Environment, Food and Rural Affairs.

Payment and delivery of goods

1. All buyers must pay sellers for items using Paypal. Payments shall be received in the currency specified on our Site.

1. All prices are inclusive of VAT and other applicable taxes, delivery charges and insurance unless stated otherwise.

1. Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.

1. We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

Lost and damaged goods and returns

1. It is for business sellers to ensure that they comply with their obligations under the Consumer Protection (Distance Selling) Regulations 2000, the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002, where such legislation is applicable, in relation to refunds, returns and defective goods.

1. In certain circumstances buyers may be able to obtain reimbursement through PayPal. It is the responsibility of buyers to ensure that they meet the conditions set out from time to time by PayPal and to seek reimbursement from PayPal.

Daily deals

1. From time to time we may sell or advertise for sale goods or services through our Site. In such circumstances the goods or services offered for sale will be advertised as ‘Daily Deals’ and our identity as the seller will be disclosed in any such advertisement. Where we sell or offer to sell goods or services we accept liability for any faulty or defective goods and or any goods lost or damaged by us.

1. From time to time we may at our discretion allow third parties to advertise goods or services as ‘Daily Deals’. In accordance with clause 5 of these terms and conditions we do not have and never intend to have any contractual involvement in any such transactions.

User submissions

1. You understand that you are responsible for all data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), communicated by you whether publicly posted or privately transmitted. This includes, but is not limited, to all Content contained in any listings, articles, messages and registration details you may post or privately transmit.

1. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.

1. You agree not to:

1. Upload, post, email or submit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, embarrassing to another person or entity or racially, ethnically or otherwise objectionable;

1. Upload, post, email or submit Content that infringes any intellectual property rights of others or that reveals trade secrets or that infringes the publicity rights of others without first obtaining their permission;

1. Upload, post, email or submit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

1. Upload, post, email or submit sexually explicit Content or Content that harms or may harm minors in any way;

1. Upload, post, email or submit Content which is inaccurate or misleading;

1. Impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;

1. Collect or store personal data about other users without first obtaining their permission;

1. Upload, post, email or submit Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

1. Violate any applicable national or international laws or regulations.

1. We reserve the right in our sole discretion to remove or refuse to publish any Content for any reason whatsoever at any time and without notice.

1. You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim) in relation to any content you upload, post or email or submit on or through our Site, or arising from any breach by you of these terms and conditions.

Copyright

1. All rights in the design, text, graphics and other material on our Site and the selection or arrangement thereof are the copyright of us or other third parties.

1. As a user, you agree not to sell or modify the material or reproduce, display, publically perform, distribute, or otherwise use the material in any way for any public or commercial purpose without the express written permission of the copyright owner.

1. You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or in part) you upload, post or submit and/or to incorporate such Content in other works in any form, media or technology.

Privacy policy

1. You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

No spam

1. You agree not to send unsolicited commercial communications to us or other users of our Site including those who have purchased goods or services from you without first obtaining their consent.

Cancellation under the Consumer Protection (Distance Selling) Regulations 2000

1. If you are a consumer you may change your mind and cancel an order relating to the supply by us of goods or services provided that:

1. you inform us of your wish to cancel by writing to us at Hoizo.com, 12 Rainford Square, Kirk Sandall, Doncaster, DN3 1NS;

1. within 7 working days of you placing an order for our services or within 7 working days of receiving goods from us;

1. you return any goods supplied by us to us and at your expense;

1. any service we have agreed to provide to you has not already commenced;

1. in the case of goods, the goods were not made to a personal specification or personalised for you; are not perishable goods such as food or flowers; are not audio or video recordings or software which has had its seal broken and has been opened; and are not magazines, newspapers or periodicals.

Termination

1. We have in our sole discretion the right to issue a warning, suspend or terminate your registration and to deny access to our Site or any part of our Site at any time without notice if you:

1. act inconsistently and in breach of these terms and conditions;

1. at any time violate or attempt to violate any rights of any other user of the Services or third party;

1. are engaged in any fraudulent activity; or

1. fail to make any payments due to us in accordance with these terms.

1. You agree to inform us of any possible disputes you may have with other users of our Site or of any breaches of these terms and conditions that become known to you.

Compliance with laws

1. You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services and our Site.

Exclusions and limitations

1. Subject to clause 39, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to buy them. We, therefore, have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings or the capacity of any seller or any buyer to transact.

1. Consideration should always be given to the nature of internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.

1. In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and our Site and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.

1. Certain links, including hypertext links, in our Site will take you outside our Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our Site.

1. We do not represent or warrant that:

1. access to our Site, or any part of it will be uninterrupted, reliable or fault free;

1. our Site or any of its contents will be accurate, complete, reliable, true or suitable for any purpose;

1. we endorse any opinions expressed by users of the Site; or

1. any services (whether or not provided by us) will be provided with due care and skill.

1. To the fullest extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site or any information on our Site;

1. the unavailability of our Site (or any part of it) or Services;

1. any delay in providing, or failure to provide or make available Services or any negligent provision of Services;

1. any misrepresentation on or relating to our Site or any Services.

1. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

1. Your acceptance of these terms and conditions also acts as a general release of Hoizo and any of our subsidiaries (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services or our Site.

1. You agree that each of these limitations and exclusions is reasonable having regard to the nature of our Site.

1. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site or Services to you.

Notices

1. Any notices you wish to send to us should be sent to us by email athello@hoizo.com.Any notices that we may wish to draw to your attention will be displayed on our website.

Applicable law

1. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the Parties submit.

Events beyond our control

1. Wewill not be in breach of these terms and conditions or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.

Third party rights

1. Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.

No agency

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

Entire agreement

1. These terms and conditions, together with our privacy policy, set out the whole of our agreement and supersede any previous agreements, arrangements, undertakings or proposals.