IntroductionThis User Agreement, the Eek User Privacy Notice and all policies posted on our sites set out the terms on which Eek offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here. All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
Eek is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
Eek does not have possession of anything listed or sold through Eek, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Eek does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, Eek has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
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 Eek site or via the Messages section of My Account 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 Eek. 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:
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:
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, sub licensable (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 our sublicenses, our assignees or us. 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 Eek users). You may use such catalogue content solely in connection with your Eek listings during the time your listings are on Eek’s sites. That permission is subject to modification or revocation at any time at Eek’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 in their catalogues. 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 Eek 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).
In connection with using or accessing the Services you will not:
If you are registering with Eek as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Eek, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listings, Items and the Law for more information on the legal requirements for selling in the UK).
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.
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:
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.
To protect against the risk of liability, Eek 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.
Returns and Shipping
All returns and shipping are to be strictly dealt with between the buyer and the seller only. Eek take no responsibility once the listing is complete and a sale is agreed. All transitions, delivery and shipping upon closing of a listing is the sole responsibility of the buyer and the seller.
We try to keep Eek 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 Eek’s Services may not occur in real time. Such functionality is subject to delays beyond Eek’s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) 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:
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 any of our sites.
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. Eek 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 Eek’s Services or your breach of any law or the rights of a third party.
If a dispute arises between you and Eek, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. 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 Eek 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 (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of My Account or by posting the amended terms on www.e-ek.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 Eek 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 Eek 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 following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal and the release contained in this General section. Legal notices shall be served by registered mail to Eek Events (ref: e-ek.co.uk), THE GOODS SHED JUBILEE WAY WHITSTABLE ROAD FAVERSHAM KENT ME13 8GD
We shall send notices to you by email to the email address you provide to Eek during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
For items that you sell on certain Eek sites and for which you’re paid through PayPal, you accept this paragraph as PayPal’s notice and agree, that: