Terms of Use

Welcome to MERCABL! We're excited to have you join us. Feel free to explore and enjoy everything we offer—just be sure to follow our guidelines to keep things running smoothly for everyone.

1. 1. Accepting These Terms

   This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short).

   These Terms form a legally binding contract between you and MERCABL UK LTD ("MERCABL," "we," "our," or "us").

   These Terms outline your rights and responsibilities when using MERCABL.com and our associated services (collectively, the “Services”).

   By accessing or using any of our Services, you agree to comply with these Terms. If you do not agree with the Terms, you may not use our Services.

2. 2. Additional Policies and Guidelines

   MERCABL provides a platform where people can connect, buy, and sell unique products globally. To ensure a safe and transparent experience, we have established specific policies and guidelines based on how you use our Services.

   General Policies for All Users

   By accessing or using MERCABL, you agree to comply with these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

   Guidelines for Sellers

   If you list items for sale on our platform, additional seller policies apply to you. These outline your rights and responsibilities when selling on MERCABL. You can read them here.

   Guidelines for Buyers

   When browsing or purchasing products, specific buyer policies govern your interactions, purchases, and rights as a customer. You can read them here.

   Guidelines for Third Parties

   These policies apply to intellectual property owners, affiliates, and anyone requesting information from MERCABL. You can read them here.

   Search, Advertising, and Ranking Transparency

   We provide information on how MERCABL determines search rankings, advertising placements, and recommended content. You can read them here.

   All of these policies and guidelines form an essential part of our Terms. Be sure to review the ones that apply to you, and continue reading the rest of this document, as it applies to all users.

3. 3. Your Privacy

   We understand that your personal information matters to you, and it matters to us too. Our Privacy Policy explains how we collect, use, and share your data when you use MERCABL.

   By using our Services, you consent to the processing of your information in accordance with our Privacy Policy. We encourage you to review it carefully.

   Both MERCABL and sellers process members' personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyer' personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer's name and email address when fulfilling another buyer's order, the seller, not MERCABL, will be responsible for that unauthorised disclosure.

   If, however, you (as a seller) and MERCABL are found to be joint data controllers of buyers' personal information, and if MERCABL is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify MERCABL in accordance with Section 10 below.

4. 4. Your Account with MERCABL

   To access certain features of MERCABL, you'll need to create an account. By doing so, you agree to follow these guidelines:

   1. Age Restrictions. To use our Services, you must be at least 18 years old. If you are between 13 and 17, you may only access our platform with the consent and direct supervision of a parent or legal guardian, who will be fully responsible for your account activity. Individuals under 13 are not allowed to use MERCABL or its Services. If you're a parent or guardian, you may want to explore tools that help restrict minors' access to certain content online.

   2. Accuracy of Information. We expect all users to provide truthful and accurate information when creating an account. Using false details, impersonating another individual or business, or misrepresenting your identity is strictly prohibited.
   3. Choose an appropriate name. If you choose not to use your full name as the name associated with your account, you must ensure that it does not contain offensive, vulgar, or inappropriate language, infringe on someone else's intellectual property rights, or otherwise breach these Terms.
   4. Account Responsibility. You are solely responsible for all activity associated with your account. If you share your account with others, the individual whose financial details are linked to the account will be held accountable for all actions. If you are registering on behalf of a business, you confirm that you have the legal authority to accept these Terms on its behalf. In general, accounts are not transferable.
   5. Keep Your Account Secure. Since you are responsible for all activity on your account, it's essential to keep your password safe and confidential. Do not share your login details, and take necessary precautions to protect your account from unauthorized access.
   6. Independent Relationship. Using MERCABL does not establish any agency, partnership, joint venture, employment, or franchise relationship between you and us. These Terms strictly define the use of our Services and do not create any legal affiliation between parties.
   7. Cases and Appeals. If you wish to participate in our case system (outlined in Section 11) or appeal a decision made by MERCABL, you must have a registered account.

5. 5. Your Content

   Content that you post using our Services is your content (so let's refer to it as “Your Content”). We don't make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

   1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you're not infringing or violating any third party's rights by posting it.
   2. Permission to Use Your Content. By posting Your Content through our Services, you grant MERCABL and, as authorised by MERCABL in its sole discretion, third parties, a licence to use it. We don't claim any ownership to Your Content, but we have your permission to use it to help MERCABL function and grow. That way, we won't infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree MERCABL may offer you or MERCABL buyers promotions on the Site, from time to time, that may relate to your listings or other listings on MERCABL.
   3. Rights You Grant MERCABL. By posting Your Content, you grant MERCABL and, as authorised by MERCABL in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote MERCABL, your MERCABL shop, other shops and listings, or the Services in general, in any formats and through any channels, including across any MERCABL Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
   4. Reporting Unauthorised Content. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person's intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We'll notify you if any of that happens.
   5. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. 6. Your Use of Our Services

   We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

   1. Don't Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it's your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against MERCABL, another MERCABL user, or a third party.
   2. Pay Your Bills. You are responsible for paying all fees that owed to MERCABL, as detailed in our Fees & Payments Policy.
   3. Taxes. When applicable, MERCABL will calculate, collect, and remit any applicable value-added tax (VAT), sales tax, or similar local taxes (collectively referred to as “Tax”) on transactions made through our platform. Please see our Fees & Payments Policy for more information on taxes.
   4. Respect Our Platform. By using our Services, you agree not to: (i) decompile, reverse-engineer, or attempt to extract the source code of our technology; (ii) alter, adapt, or create derivative works from any part of our platform; (iii) use automated tools or processes, including web scraping, crawling, or spidering, to collect data or interact with our Services; or (iv) copy, reproduce, distribute, or exploit any content from MERCABL or Seller Content for commercial purposes without prior express consent from us or the respective seller.
   5. Keep Our System's Integrity. You agree not to interfere with, disrupt, or compromise the functionality, security, or accessibility of our Services in any way.
   6. Follow Our Brand Usage Policy. The name "MERCABL", along with our logos, phrases, and designs, represents our brand identity and is protected under intellectual property laws. Any use of our brand assets must follow our Brand Usage Policy.
   7. Share Your Ideas. Any ideas or other materials you submit to MERCABL (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
   8. Talk to Us Online. By using our Services, you're agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it's better for the environment), and that your electronic agreement is the same as your signature on paper.

7. 7. Termination

   Termination By You.

   We'd hate to see you go, but you may terminate your account with MERCABL at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you'll still have to pay any outstanding bills.

   Termination By MERCABL.

   We may terminate or suspend your account (and any accounts MERCABL determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, MERCABL will notify you that your account has been terminated or suspended, unless you've repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

   If you or MERCABL terminate your account, you may lose any information associated with your account, including Your Content.

   We May Discontinue the Services.

   MERCABL reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in MERCABL's policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

   Survival.

   The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. 8. Liability Limits

   Items You Purchase.

   You understand that MERCABL does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so MERCABL can't and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release MERCABL from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

   Content You Access.

   You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. MERCABL is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

   People You Interact With.

   You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.

   Third-Party Services.

   Our Services may contain links to third-party websites or services that we don't own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party's product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. MERCABL is not a party to those agreements; they are solely between you and the third party.

   Promotions.

   MERCABL special offers or promotions are managed by MERCABL in its sole discretion and redemption of and participation in such offers or promotions are subject to MERCABL's sole discretion. MERCABL is not responsible for special offers or promotions provided by sellers.

    

   TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MERCABL (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.

   IN NO EVENT SHALL MERCABL'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF:

   (A) THE AMOUNT YOU PAID FOR AN ITEM SOLD BY A THIRD PARTY ON MERCABL (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL POSTAGE COSTS; OR

   (B) THE AMOUNT YOU PAID MERCABL IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY.

   SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. 9. Warranties & Disclaimers

   YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

   WE DO NOT GUARANTEE THAT:

   (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

   (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;

   (C) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR

   (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS.

   YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. 10. Indemnification

    If MERCABL gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you'll defend, reimburse, compensate, and hold MERCABL (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer's fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party's rights. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

11. 11. Disputes with Other Users

    If you find yourself in a dispute with another user of MERCABL's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

    Case System.

    Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system with a registered account. In our sole discretion, MERCABL will attempt to help you resolve disputes in good faith, but we will not make judgements or determinations regarding legal issues or claims. MERCABL has no obligation to resolve, or to assist in resolving, any disputes.

    Release of MERCABL.

    You release MERCABL from any claims, demands, and damages arising out of disputes with other users or third parties.

12. 12. Disputes with MERCABL

    At MERCABL we believe in resolving disputes fairly and efficiently. If you have a complaint about our services, we encourage you to contact us first, so we can attempt to resolve the issue directly.

    If a dispute arises between you and MERCABL, we encourage you to contact MERCABL Support to seek a resolution.

    1. 12.1. Informal Dispute Resolution process

       We take complaints seriously and handle them through our Informal Dispute Resolution process as outlined below.

       To start the dispute process, you must send a written notice (“Notice of Dispute”) to MERCABL via legal@MERCABL.com with the following details: (1) your name, phone number, email address associated with your account, username and shop name (if applicable), and (2) a description of the dispute and your preferred resolution.

       Once a complete Notice of Dispute has been received, we will review and respond within 30 days. If necessary, we may invite you to a discussion to attempt a resolution. If the dispute is not resolved within this timeframe, you may escalate the matter to mediation, as described in Section 12.2.

       This process does not affect your legal rights, including your right to take court action.

    2. 12.2. Mediation Process

       Mediation is a process where a neutral third party facilitates negotiations between the parties to a dispute to help them come to an outcome that they can all agree on. We work with the Centre for Effective Dispute Resolution ("CEDR"), who we are willing to engage with to attempt to reach an agreement with you on the settlement, out of court, of any disputes we may have with you arising out of the Agreement, including complaints that could not be resolved by means of our Internal Dispute Resolution Process. Although mediation is a voluntary process, you and we both agree to engage in good faith throughout any mediation attempts, and to also do so in accordance with the CEDR Model Mediation Procedure.

       You and we both agree to notify the other in writing if one of us wishes to submit a dispute to mediation. Unless you and we agree otherwise within 14 (fourteen) days of that notice, the mediator will be nominated by CEDR. We will bear a reasonable proportion of the total costs of mediation. Any attempt to reach an agreement through mediation on the settlement of a dispute will not affect your or our right to initiate court proceedings at any time before, during or after the mediation process. Let us know if you need any further information of the functioning and effectiveness of mediation.

       For EU sellers, MERCABL provides a complaint-handling system that is available free of charge and easily accessible. Information about the Platform-to-Business (“P2B”) Regulation is here, including information about how we handle complaints. You may raise a concern or complaint related to P2B here. You or MERCABL also may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution or resolution through the European Commission's online dispute resolution platform.

    3. 12.3. No Class Actions or Collective Claims

       You agree that any claim against MERCABL must be brought individually and not as part of a class action, group claim, or collective proceeding.

       Any legal dispute involving you and MERCABL will be handled on a case-by-case basis in accordance with UK law.

       This does not affect your rights under applicable consumer protection laws, but you waive any right to bring or participate in a collective or representative action against MERCABL, unless expressly permitted under UK law.

    4. 12.4. Limitation of Claims

       Any claim against MERCABL must be brought within 12 months from the date the issue arose.

       Claims filed after this period will be time-barred and cannot be pursued.

13. 13. Jurisdiction and Governing Law

    These Terms, and any disputes arising from them, shall be governed by and interpreted in accordance with the laws of England and Wales.

    Any legal action must be brought in the courts of England and Wales, which shall have exclusive jurisdiction over all matters related to these Terms, except where prohibited by mandatory consumer protection laws in your country of residence.

    If you are based outside the UK, disputes will still be governed by the laws of England and Wales, unless overridden by mandatory local consumer protection laws. Consumers may invoke their local consumer protection laws if applicable.

    The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14. 14. Changes to the Terms

    We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we'll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

15. 15. Some Finer Legal Points

    The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and MERCABL regarding the Services. Except as provided in Section 11, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

16. 16. Contact Information

17. If you have any questions about the Terms, please email us at legal@MERCABL.com.