Welcome to BAR Global. By accessing BAR Global app and its related websites, services, applications or tools (Collectively referred to as “BAR Global”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that BAR Global works for everyone. These Terms of Use constitute a legally binding agreement between you and BAR Global Limited and are effective as of 1 September 2019 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the “Sign Up” button when registering a BAR Global account and by otherwise accessing BAR Global, including posting an item; or as otherwise indicated on BAR Global.

Abusing BAR Global

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, remove or demote or otherwise restrict the visibility of 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 for us, our users, suppliers or other third parties;
• we think that such restrictions will improve the security of the BAR Global community or reduce our or another BAR Global 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, or it is evident that you are unable 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.

Global Marketplace

Some of BAR Global’s features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the global BAR Global community, or on third party Platforms, including social media channels. By using BAR Global, you agree that your ads can be displayed on these other Platforms and media channels. The terms for our other BAR Global Platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on BAR Global app, any BAR Global Platform, or any third party Platform, or if we believe it causes problems or violates any law or policy.

Fees

The admin fees are based on percentage of transaction value.

The fees we charge for selling items are three-tiered.

1. We may charge fees based on contractual agreement with the seller,
2. We may charge fees based on the type of product,
3. or We may charge the default fixed fees.

We may introduce new fees from time to time by posting the changes on the BAR Global site 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all BAR Global Services, even if sales terms are finalised or payment is made outside of BAR Global. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the BAR Global site, even if the item does not actually sell.

You are required to have a paypal email address on file when selling on BAR Global. This is used for paying out funds into your bank account.

Seller fees don’t purchase exclusive rights to item exposure on BAR Global whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

Listing Conditions

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. BAR Global does not guarantee exact listing durations;
• you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the BAR Global site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
• content that violates any of BAR Global’s policies may be modified, obfuscated or deleted at BAR Global’s discretion;
• We may revise product data associated with listings to supplement, remove, or correct information;
• where your listing appears in search and browse, results may be based on certain factors such as listing format, title, delivery miles, end time, keywords, price and postage cost, Feedback, BAR Global policy compliance and detailed seller ratings.
• BAR Global’s duplicate listings 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 any search engine results;

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.

Purchase Conditions

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 commitment to buy;
• you enter into a legally binding contract to purchase an item when you commit to buy an item.

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. Many of our Services are accessible to international sellers and buyers. We may offer certain programmes, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion.

Your items may be listed on one or more of BAR Global’s international online platforms in addition to the BAR Global app.

You authorise us to use automated tools to translate your BAR Global 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.

Content

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 try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that BAR Global is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. You agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all BAR Global policies.

The name “BAR Global” and other BAR Global marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of BAR Global in the UK and other countries. They may not be used unless expressly authorised by BAR Global in writing.

Data protection and Privacy

• You and BAR Global shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will BAR Global and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
• You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
• You shall process personal data received from BAR Global exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
• Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

Restricting Funds

To protect against the risk of liability, BAR Global has at times recommended, and may continue to recommend, that PayPal’s payout of funds to a seller’s PayPal account must be 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 BAR Global determining to restrict payout of funds in your BAR Global account.

Returns

You agree to comply with our Returns Policy.

When an item is returned, to refund the buyer, you must notify  and authorise BAR Global to reverse the refund amount (in the same currency) from your BAR Global account. If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.

The cost of return shipping for an item that is not as described is the seller’s responsibility.

When a transaction is cancelled, you automatically authorise BAR Global to reverse the refund amount (in the same currency) from the seller’s BAR Global account, to the buyer. See our Cancel Transaction Policy for more details.

Money Back Guarantee

Most BAR Global sales go smoothly, but if there’s a problem with a purchase, the BAR Global’s Money Back Guarantee helps buyers and sellers communicate and resolve issues. The BAR Global Money Back Guarantee policy is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.

Sellers must have a valid PayPal email address on file with BAR Global. Sellers may change this email address by using BAR Global app. If we resolve a case in the buyer’s favour, or if a seller chooses to reimburse a buyer, BAR Global may remove funds from the seller’s BAR Global account to reimburse the buyer for the full cost of the item and postage. Where there are insufficient funds in the seller’s BAR Global account, we will directly refund the buyer and charge the seller’s designated PayPal email address or put the amount on the seller’s invoice.

For this purpose, you, in the capacity of a seller:

• authorise and instruct us to collect or reverse variable amounts from your BAR Global account to carry out a buyer reimbursement;
• authorise and instruct us to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your BAR Global account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
• authorise and instruct us to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your BAR Global account at any point during the resolution process. (This may result in BAR Global determining to restrict funds in your BAR Global account in order to manage BAR Global’s risk exposure pursuant to BAR Global policies.
• authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
• authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of any return postage labels.

You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the BAR Global Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred payment method. If sellers do not provide BAR Global with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the BAR Global Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.

Correcting mistakes in payments to buyers and sellers

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the BAR Global Money Back Guarantee refund or reimbursement.

Global Shipping Programme

At the moment, BAR Global does not support any Global Shipping Programme. For items that are located in the UK and that are purchased from you by an international buyer in a country other than UK, you agree to be responsible for any extra costs and risks during such deliveries.

Fulfilment Options

You (the seller) may add certain fulfilment options (delivery, postage or collection)  to your listings in order to help charge the correct sales amount to the buyer. You are responsible for the accuracy of any fulfilment option and charges.

Liability

We try to keep BAR Global and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. App content update and other notification functionality in BAR Global’s Services may not occur in real time. Such functionality is subject to delays beyond BAR Global’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:

• your use of or your inability to use our Services;
• pricing, postage or other guidance provided by BAR Global;
• 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 BAR Global 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 BAR Global 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 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. BAR Global 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.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of

(a) any amounts due under the BAR Global Money Back Guarantee up to the price the item sold for on BAR Global and its original postage costs,

(b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or

(c) £100.

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.

Compensation

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 BAR Global’s Services or your breach of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and BAR Global, 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 BAR Global 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.

Finally

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.

You agree that we may at any time and without notice set-off any of the amounts held in BAR Global user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the BAR Global group (including, without limitation, in respect of any services provided by any member of the BAR Global brand). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an BAR Global credit balance held or controlled by you.

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 BAR Global app or by posting the amended terms on www.barglobal.net. 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 a BAR Global 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 BAR Global 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.

BAR Global works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.

The User Agreement and all policies posted on our site are the entire agreement between you and BAR Global and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to BAR Global Limited, Suite 208 Regent Business Centre, 291 Kirkdale, Sydenham , London, SE26 4QD. We shall send notices to you by email to the email address you provide to BAR Global 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.