Terms & Conditions - The Racing Pigeon

Welcome to The Racing Pigeon advertising platform, ?RPA?. By accessing RPA and its related websites, services, applications or tools (Collectively referred to as “RPA”) you are agreeing to the following terms, which are designed to make sure that RPA works for everyone. RPA is provided to you by The Racing Pigeon Company Limited, PO Box 12760, Colchester Essex CO1 9TZ registered in England and Wales with number 06024905

These Terms of Use constitute a legally binding agreement between you and RPA and are effective for current users and upon acceptance for new users. You accept these Terms of Use by clicking the “Sign up now” button when registering a RPA account, including posting an advert, registering as a bidder or as otherwise indicated.

Please note ?we? refers to The Racing Pigeon Co Ltd (RP or RPA) and ?you? refers to a registered buyer/bidder or registered vendor listing items.

Selling on RPA:

RPA site works as a ?shop window? advertisement board for your items.

Transactions are purely between you, the vendor and the purchaser or the winning bidder for listed items.

RP charges a listing fee for your promotion and activation of your item upon listing.

For all items listed on site there will be a listing charge.

RP will require a 10% commission on any items sold on the site. This amount will be automatically deducted from the final selling price and billed to the purchaser.

Once the purchaser has paid the 10% commission they will receive an email with the 90% amount, payable to you, the seller directly along with your contact details to complete the transaction.

One we have received the 10% commission and an email has been sent to you with details, the sale of the item is solely responsible to be down to you and the purchaser for payment/ collection/ delivery.

You are solely responsible for all information that you submit to RPA and any consequences that may result from your post.

Only pigeon fanciers that are registered as a member of an affiliated union may advertise pigeons for sale on RPA. It is important that the general health, condition and wellbeing of the pigeon comes first. All birds require a current vaccination certificate and must be registered to the person that posts them.

Content

You agree not to copy, distribute or modify content from RPA without our express written consent.

RP may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your RP ad while your ad is on RPA. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at RP sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. RPA is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all RPA policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

We reserve the right to alter or withdraw lots

Using RPA

Any item removed from the listing by the vendor will incur a ?10 charge or 10% amount of the current highest bidder. This will need to be paid to RP within 7 calendar days or RP may pursue legal action and de-register you.

The RP does not take any responsibility or place warranty concerning the quality, availability or fitness for purpose of any items listed on the site.

As a condition of your use of RPA you agree that you will not:

violate any laws;
violate the policies
post or otherwise communicate any false or misleading material or message of any kind;
infringe any third-party right;
harvest or otherwise collect information about others, including email addresses, without their consent;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

We reserve the right to alter or withdraw lots.

We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of RPA either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously, we may, at our discretion, inform other users that have been in contact with you and recommend that they exercise caution.

Buying on RPA:

If you are the winning bidder we will notify you by the email address and contact details you provided us upon registering.

Upon winning an item you will receive an email with The Racing Pigeon?s commission fee of 10%. This sale commission element only, will be paid by the winning bidder to the RP through Paypal/Card. Once completed you will receive a further email with the vendor?s contact details.

Payment to RP for commissions should be made within calendar 7 days of the auction closing.

The final payable total (90%) is to be arranged by yourself and the vendor – paid directly to the vendor.

You are paying the vendor directly for your items.

The RP excepts no responsibility for the transactions between the buyer and vendor and works purely as an advertisement platform.

We strongly recommend you view the items you wish to purchase before bidding and ask the vendor questions

Any disputes with your purchase will be between yourself and the vendor only.

Bidding

In order to give all bidders an opportunity to counter any bids made towards the end of the auction, in the event that successful bids are received within the last minutes of an auction closing, the close date /time of the auction could be automatically extended by further minutes – to allow unsuccessful bidders to re-bid.

You must be registered in order to place a bid.
All bidders must be over the age of 18 years and be able to form a legally binding contract.
Bids are not excepted if they are not shown as higher then the current highest bidder.
One you have placed a bid it cannot be withdrawn. YOUR BID IS BINDING.
Bids on the site are considered full and final and may not be cancelled.
All bids are in GBP

If your bid is successful you have entered into a contract with the vendor and any apart from any commission (if) due to RP, further dealings are between you and the vendor.

If your bid is followed by a higher bid, which is later removed by us for whatever reason, it will be open for us to accept your bid, as though the higher bid had never been made.
If the RP doesn?t receive the binding commissions by the winning bidder we reserve the right to take legal action against you and to take any other action we see fit to protect our interests. Any bidder failing to comply will be banned from any future sales, de-registered and their information may be displayed on the site.
It is the responsibility of the vendor to send paperwork to the purchaser, should this be necessary. The buyer and vendor must communicate to provide outcomes they are jointly happy with. The RP is not a part of this process. The RP provides the advertisement board only for items sold
All shipping is to be negotiated with the vendor and winning bidder directly

If there are discrepancies with payments, it is not for RP to resolve.

Fees and Services

Listing items for sale or auction on RPA is dependant on category or value. This will be advised upon listing. Sold items, at finish value incur a 10% commission of the full selling price payable to RP, to be paid through Payal/card only. The commission is to be paid by the highest bidder or buyer of the item. The remaining balance is payable directly to the seller by an agreed method between the buyer and the seller.

RPA may sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad.

Our fees are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying any fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from RPA in case we believe these Terms of Use, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund users for any fees paid through use of RPA in the following cases:

If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
If your ads went live with exposure on the RP site, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
If you have removed your ads yourself; – This incurs a ?10 fee or 10% of the current highest bidder, which ever is greater.
If you post duplicate ads on the site.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

In the event of a dispute between the winning bidder and the vendor, both parties shall agree to refer the matter to an independent expert who shall act as a mediator. Mediation shall be a precursor to, but shall not prevent, proceeding with legal action.

RP are not involved in the actual transactions between users. As most of the content on RP comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools. If the site is unavailable for any reason i.e, a powercut, server problems etc we reserve the right to extend the auction finish day and time.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use RPA, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more RPA users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Data Protection and Privacy

By using RPA, you agree to the collection, transfer, storage and use of your personal information by RP.

Registrations are seen by RP before being able to place a bid.

You shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation ?GDPR?)) and supplementing EU and local data protection law. 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 organization. You shall process personal data received from users 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 with the aforementioned obligations may result in disciplinary action up to and including account suspension.

Resolution of disputes

If a dispute arises between you and RPA, we strongly encourage you to first contact us directly to seek a resolution by emailing us at admin.rp@btconnect.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on RPA constitute the entire agreement between RPA and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the RP website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

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