Mercari Europe Terms and Conditions

Thank you for your interest in this application for your mobile device (the “App”) provided to you (“you”) by Mercari Europe Ltd (“Mercari”, “us” or “we”), and our web site at https://www.mercari.com/uk/ as well as all related web sites, networks, downloadable software, and other services provided by us and on which a link to these terms and conditions is displayed (collectively, together with the App and Website, our “Service”). These terms and conditions (this “Agreement” or these “Terms”), including the Privacy Policy and the Help Centre section in the side menu of the App (the “Help Centre Section”), which are incorporated herein by reference, and any other applicable policies and guidelines, as may updated from time to time, govern your use of the Service. This Agreement is a legally binding contract between you and Mercari regarding your use of the Service. Unless otherwise defined, the definitions under this Article will apply to the Privacy Policy and the Help Centre Section.

BY DOWNLOADING, ACCESSING OR USING THE MERCARI APP AND SERVICE, YOU ARE CONCLUDING AND CONFIRMING A LEGALLY BINDING CONTRACT BASED ON THESE TERMS.
As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include, the following material terms:
Mercari is a marketplace that allows users to offer, sell and buy goods as part of our service, however, that actual contract for sale is directly between the Seller and the Purchaser. Users are entirely responsible for the sale of goods or services (referred to herein as “goods”, “products” or “items”) to other users, including but not limited to the listing of goods and product warranties. Mercari does not sell or purchase any goods, take possession of any goods, or fulfill orders either for itself or on behalf of users or others;
Mercari provides the payment processing service through third party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card, [PayPal and Apple Pay]. Sellers may have funds from sales deposited into the sellers designated bank account;
Mercari is responsible for processing refunds, chargebacks and providing customer service for questions related to this service;
the App and Web site is licensed, not sold to you, and you may use the Service only as set forth in these Terms
you have read and understood the Privacy Policy and the collection and use of your personal data in accordance with the Privacy Policy;
the Service is provided "as is" without warranties of any kind and Mercari’s liability to you is limited;
Mercari provides customer services related to the App and payment processing;
disputes arising hereunder between you and Mercari will be resolved by binding arbitration. Please review Article 23 for the details regarding your agreement to arbitrate any disputes with Mercari; and
if you are using the App on an iOS-based device, you agree to and acknowledge the "Notice Regarding Apple" in Article 24.

Article 1. Description of the Service

The Service is an online consumer-to-consumer marketplace. Mercari does not sell or purchase any goods, either for itself or on behalf of others. While Mercari may help facilitate transactions, users that list and sell items (“Sellers”) and users that purchase items (“Purchasers”) are entirely responsible for the transactions between them, including without limitation the listing of goods and any applicable product warranties.

Article 2. User Registration; Account Information

2.1 Eligibility
You must be an individual who is at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations, (ⅳ) that you are a resident of the United Kingdom. The Service is available only to individuals who can form legally binding contracts under applicable laws.

If you are under 18 years old, you will require consent from a parent or legal guardian.


2.2 Accounts and Registration
To access most features of the Service, you must register for an account. You may only register for one account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, address, date of birth, a copy of your driver’s licence or other identification information) (“User Information”). You agree that the User Information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You shall not transfer, sell, pledge, lend, rent, or otherwise dispose of your account information. If you have reason to believe that your account is no longer secure, then you must immediately notify us through the Help Centre Section.
Mercari may choose in its sole discretion not to approve your account registration if:
(i) you refuse to provide required account registration information;
(ii) you have previously engaged in any of the prohibited conduct outlined in Article 9;
(iii) you have had a previous Mercari account terminated or suspended; or (iv) Mercari otherwise determines that your account registration would be inappropriate.

Article 3. Scope of Licence

The App is licensed, not sold, to you for use only under the terms of this licence. Mercari reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Mercari hereby grants you a personal, limited, revocable, non-transferable licence to use the App on a single compatible device that you own or control, solely for your own use. You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or any content available through the App. If you breach these licence restrictions, or otherwise exceed the scope of the licences granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Mercari that replace and/or supplement the original App, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
The Service may include open source software or third party software. Any such software is made available to user under the terms of the applicable licences. Please refer to the Help Centre Section for the applicable notices and licence terms.

Article 4. Third Party Services and Linked Websites

Mercari may provide tools through the Service that enable you to export information to third party services, including through features that allow users to link their account on Mercari with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as "share" buttons). By using one of these tools, you agree that Mercari may transfer that information to the applicable third party service. Third party services are not under Mercari’s control, and Mercari is not responsible for any third party service’s use of a user’s exported information. The Service may also contain links to third party websites. Linked websites are not under Mercari control, and Mercari is not responsible for their content.

Article 5. Account Termination by User

You may terminate your account at any time by contacting customer service through the Help Centre Section. If you terminate your account, you: (i) remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination; (ii) remain responsible for any incomplete transactions including without limitation the shipment of products that were paid for prior to termination; and (iii) remain obligated to resolve any disputes with other users that are instigated prior to termination. Mercari has no obligation to make refunds or other payments to you upon or after the receipt of your termination request, unless such request is a valid termination request in accordance with this Agreement.

Article 6. User Content

6.1 User Content Generally.
Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

6.2 Licence Grant to Mercari.
By posting or publishing User Content, you grant Mercari a worldwide, non-exclusive, royalty-free right and licence (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Mercari’s use of your User Content may be without any compensation paid to you.

6.3 Limited Licence Grant to Other Users.
By posting and sharing User Content with another user of the Service, you grant that user a non-exclusive licence to access and use that User Content as permitted by these Terms and the functionality of the Service.

6.4 User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
you are the creator and owner of, or have the necessary licences, rights, consents, and permissions, to use and to authorise Mercari and users of the Service to use and distribute your User Content as necessary to exercise the licences granted by you in this Article 6 and in the manner contemplated by Mercari, the Service, and these Terms; and
your User Content and the use of your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) violate any law or regulation or any provisions of theses Terms; or (iv) cause Mercari to violate any law or regulation.

If Mercari determines that you breach any of the representations and warranties, or your User Content is otherwise inappropriate, in addition to taking the actions provided in Article 10, Mercari may, at its discretion, remove the User Content with or without notice to you.

You will not hold Mercari liable for any damages or losses you sustain in a dispute with a third party regarding the breach (or non-breach) of intellectual property rights for any User Content you have posted. You will indemnify Mercari from any and all damages and losses it sustains from a third party in such a dispute regarding any User Content you have posted.

Article 7. Infringement Issues

7.1 E-Commerce Notification.
If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us at the following address:
Mercari Europe Ltd
FAO: IPR Complaints
5th Floor, The Record Hall
16-16a Baldwin’s Gardens
London
EC1N 7RJ
United Kingdom
Email: uk-iprcomplaints@mercari.com

You may send a notice (“Infringement Notice”) alleging that materials hosted by or distributed through the Service infringe intellectual property rights using our form or sending a written notice to us. Any such notice must include the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of those materials on the Service is not authorised by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

If you believe that any Infringement Notice is in error, and that your posting was not infringing, or you wish to withdraw your Infringement Notice you may contact us to submit a written counter notice that must include the following information.
your physical or electronic signature;
an identification of the material that was removed and the location at which the material appeared before it was removed;
a statement that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; and
your name, address, and telephone number.

Please note that any parties claiming and counter claiming in a dispute regarding the breach of intellectual property rights must resolve the dispute amongst themselves or through the relevant courts.

7.2 Repeat Infringers
Mercari will promptly terminate without notice the accounts of users that are determined by Mercari to be “repeat infringers”. A repeat infringer is a user who has been notified of infringing activity or has had content they posted removed from the Service at least twice.

Article 8. Third Party Materials

Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You understand that by using the Service, you may encounter Third Party Materials and other content, such as third party advertisements and promotional content, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and agree that Mercari shall not have any liability to you for Third Party Materials or other third party content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecency, of poor quality or otherwise. In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. Mercari makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Article 9. Prohibited Conduct

By using the service you agree not to:

9.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

9.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

9.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

9.4 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

9.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;

9.6 use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;

9.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age, date of birth or other information;

9.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Article 18.1) or any right or ability to view, access, or use any Material;

9.9 If you are a Seller, engage in any of the prohibited conduct listed in the Help Centre Section or

9.10 attempt to do any of the acts described in this Article 9, or assist or permit any person in engaging in any of the acts described in this Article 9.

Mercari may contact users to verify their User Information if Mercari suspects such prohibited conduct has occurred. Mercari may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification. Mercari may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by Mercari. Mercari will not be obligated to refund any payments or provide any compensation in connection with acts taken by Mercari in accordance with this Article.

Article 10. Termination of Use; Discontinuation and Modification of the Service

If you are in serious or persistent breach of these Terms, your permission from us to use the Service will terminate automatically. In addition, Mercari may in its sole discretion, acting reasonably, terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. Reasons for such suspension or termination include but are not limited to: (i) you become insolvent, or file for bankruptcy; (ii) you suspend your payments, or are unable to pay fees or other payments to Mercari or other users as they become due; (iii) the bank account or credit card you use to conduct transactions on the Service is closed, seized, or frozen; or (iv) you violate any law or regulation or are in serious or persistent breach of any provisions of these Terms or Mercari suspects such violation has occurred.
We also reserve the right (acting reasonably) to modify, suspend or discontinue the Service at any time for any reason (including by limiting or discontinuing certain features of the Service) with or without notice to you. Any such modifications to the Service would only affect the Services going forwards from the date of the change, and would not have any retrospective effect.

Article 11. Prohibited Items

Mercari prohibits the listing or sale of any item that is set forth in the list of prohibited items found in the Help Centre Section. If a Seller lists a prohibited item, it will be deemed to be a violation of the Terms regardless of whether the Seller acted intentionally or not. If Mercari determines that a listing violates the Terms or is otherwise inappropriate, in addition to taking the actions provided in Article 10, Mercari may, at its discretion, remove the listing and cancel any related transactions.

Article 12. Purchasing Procedures

When purchasing a product using the Service, YOU AGREE TO THE FOLLOWING:

12.1 A Purchaser shall not (i) place an order without the intent to purchase, (ii) purchase goods for a commercial purpose (e.g. resale), or (iii) place any order that is determined by Mercari to be a fraudulent. Mercari may cancel or suspend any transaction it suspects is fraudulent or is the result of unauthorised access to the Service.

12.2 A Seller shall not purchase a product Seller themselves has listed. If a Seller wishes to withdraw a listing, he or she shall do so according to the procedures specified by Mercari. Please see the Help Centre Section for information on withdrawing a listing.

Article 13. Payment and Execution of Transactions

13.1 Formation of a Sales Contract
A sales contract for a product will be formed when the Purchaser completes the steps for purchasing a product as prompted on the Service, but before payment is made by a Purchaser. The Seller and the Purchaser shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract. For more information on our payment procedures, please refer to the Help Centre Section.

13.2 Payments by Purchaser and Shipping
If a sales contract is formed, the Purchaser shall pay the total amount of the product price and any applicable fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price, and if shipping will be paid by the Purchaser, the product will be shipped after the Purchaser pays the product price and shipping fee. A Seller shall ship a product after the Purchaser has completed his or her payment.

13.3 Cancellation of a Transaction
Cancellation of a transaction between a Purchaser and a Seller is not permitted once the product has been ordered by a Purchaser and shipped by a Seller. However, Mercari may allow the cancellation of an order if a Purchaser does not make a payment or does not pay in time, a Purchaser receives an item that’s not as described in the listing or is sent the wrong item, or for other reasons Mercari deems appropriate. If a Purchaser receives an item that’s not as described in the listing or is sent the wrong item, the Purchaser must report the problem to us within 3 days of delivery through Contact Us in the Help Centre Section. In such a case, the Purchaser must NOT rate the Seller.

13.4 Electronic Money Services
        In order to make and receive payments you must use the electronic money (“e-money”) services provided by Merpay Ltd, a sister company of Mercari and an authorised electronic money institution. The functionality of the e-money services are integrated into the App. You agree to Merpay’s Terms and Conditions.

Article 14. User Ratings

Once an item has been received by a Purchaser, the Purchaser shall promptly rate the Seller. Once the Purchaser has rated the Seller, the Seller shall promptly rate the Purchaser. Please refer to the Help Centre Section for more information on our rating system.

Article 15. Fees

Sellers agree to pay Mercari the applicable “Transaction Fee”, which is defined in the Help Centre Section, when the transaction for the goods between the Purchaser and the Seller is complete. If applicable, the Transaction Fee amount is displayed when Seller lists an item.If the Seller chooses to use the postage service provided by Mercari when listing an item, the Seller also agrees to pay Mercari the applicable “Postage Fee”. You consent to Merpay deducting the applicable Transaction Fees and Postage Fees payable to Mercari from your e-money account.

Article 16. Handling of Credits

16.1 Earning Credits
A user may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Mercari. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable campaign rules provided by Mercari. To the extent permitted by law, Mercari may change the rules at any time on reasonable notice, and may terminate the entire Credits system without any refund or other compensation for expired Credits. "Credits" means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.

16.2 Redeeming Credits
A user may only redeem their Credits to purchase eligible products through the Service at the rate of 1 unit = GBP £1, provided that if Mercari has displayed separate terms of use on the Service, such terms shall apply.

16.3 No Exchange, Transfer or Refund of Credits
A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Mercari. A user will not be able to transfer Credits to any other user or person. In addition, Mercari will not refund Credits for any reason whatsoever unless required to do so under laws and regulations. In such a case, the method for refunding the Credits shall be determined by Mercari in accordance with applicable laws and regulations and displayed the Service. You are responsible for any unauthorised use of his or her Credits.

16.4 Prohibited Use of Credits
A user shall not use Credits for the purpose of money laundering or any illegal purpose or in violation of any law or regulation or provisions of these Terms. If Mercari determines that your use of Credits violates the Terms or is otherwise inappropriate, in addition to taking the actions provided in Article 10, Mercari may, at its discretion, invalidate all of the Credits owned by such user.

16.5 Account Termination by User and Lapse of Membership
Except as otherwise required by applicable laws and regulations, if a user terminates their account or his or her membership lapses for any reason, all of the Credits owned by such user will immediately be invalid and cannot be subsequently used.

16.6 Credits Expiration
Credits expire at 11:59 PM London Time 30 days following the date on which the Credits were earned, provided that if Mercari has displayed a separate period at or prior to the issuance, such period shall apply. Once expired, Credits will not be reinstated.


Article 17. Mercari Postage
17.1 Postage Service
Mercari may provide the postage services through third party delivery service providers or aggregators (“Delivery Partner”) on the platform. If users decide to use our integrated postage service, users can choose with a prefered postage package provided by the Delivery Partners in accordance with the size/weight of goods. When you choose to use the integrated postage service, you shall agree to accept the terms and conditions both described below and the terms and conditions of our Delivery Partners. If any provisions of this terms and conditions are inconsistent with those of the Delivery Partners, the provisions hereof shall supersede those of the Delivery Partners.

Our Delivery Partner’s Terms and Conditions;
myHermes : https://www.myhermes.co.uk/terms-and-conditions.html

Please note that the carriage of items is undertaken by the Delivery Partner and we do not carry the items ourselves. However, your contract for the carriage of items remains between you and us, we manage all aspects of the interaction with the Delivery Partner on your behalf. Accordingly, if you have any queries or issues about any order you place, you should contact us.

17.2 User’s Responsiblities
17.2.1 You must not supply to us or our Delivery Partners any:
Prohibited Items of us and our Delivery Partners (myHermes) ;
Parcels that we do not accept for carriage; or
Goods which are illegal, the carriage of which is illegal, or the supply of which to the recipient is illegal.
17.2.2 It is your obligation to ensure that any parcel that you supply to us or our Delivery Partners is not a parcel that we do not accept for carriage by weighing it, measuring its dimensions using the guide on our parcel size page.
17.2.3 It is your responsibility to ensure that you have paid the appropriate charges for any parcels that you supply to us or our Delivery Partners.
17.2.4	You must ensure that:
any goods that you supply to us or our Delivery Partners are properly packed and labelled in accordance with our packing instructions and any other instructions that we may provide to you before you submit your order; and
the description of the goods that you provide to us or our Delivery Partners when you submit your order is accurate.
17.2.5 You must not:
abuse any of our or our Delivery Partner’s staff, subcontractors or agents;
send any more than 15 parcels at any one time from a single address unless you agree a higher number with us or our Delivery Partners in advance.

17.3 Our liability
17.3.1	We do not accept liability for Loss or Damage or Late Delivery (respectively defined in our Delivery Partners website) where:
the parcel involved is a parcel that we do not accept for carriage
the goods or parcels involved are prohibited and excluded Items defined in our Delivery Partners website.
17.3.2	For any other goods or parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in condition 17.4 below("Compensation").
17.3.3	The Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.
17.3.4	We will not be liable to you nor pay you any Compensation for Loss or Damage that is caused by:
any latent or inherent defect in or natural deterioration of the goods;
our failure to honour "package orientation" graphics (e.g. "UP" arrows, or "THIS END UP" markings);
a parcel being inadequately packaged, incorrectly addressed or accompanied by incomplete dispatch or customs documentation;
any kind of fraudulence or dishonesty, including where someone misrepresents his authority to receive a parcel on the recipient's or your behalf.
17.3.5	As we cannot test whether any electrical or electronic equipment that you provide to us in a parcel is functioning properly before we deliver it for you, we do not accept any liability for:
any damage to electrical or electronic equipment; or
any loss of or damage to data on electrical or electronic equipment.
17.3.6	We will not be liable to you nor pay you any Compensation for Late Delivery which is caused by:
a parcel being inadequately packaged, incorrectly addressed or accompanied by incomplete dispatch or customs documentation;
your failure to pay any duties and taxes; or
customs or other regulatory agencies.
17.3.7	We will also not be liable to you nor pay you any Compensation for Loss or Damage or Late Delivery if you have breached any of your responsibilities to us or our Delivery Partners.
17.3.8	Nothing in these Conditions affects your statutory rights nor limits or excludes our liability for:
death or personal injury resulting from our negligence;
any damage or liability that you incur as a result of our fraud or fraudulent misrepresentation; or
any liability that you incur as a result of our breach of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.

17.4 Limits to our liability
17.4.1	Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of:
£20; or
the cost of repairing the damaged goods, or the value of the lost or damaged goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the goods).
17.4.2	Our liability for Late Delivery is limited to refunding the Postage Fees.
17.5.How to make claims for compensation or inquiries
17.5.1	For inquiries or claims for shipping or compensation, you can refer to the Help Centre Section.
17.5. 2 You must notify us in writing of any claim for Loss or Damage or Late Delivery as soon as you become aware but no later than 3 days after the date of the receipt of goods. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.
17.5.3	When we receive your claim for Compensation, we may require you to back up your claim by providing us with any relevant information about the relevant parcel and or goods including without limitation:
proof of the parcel's dispatch;
estimates for the repair of the goods;
proof of the value of the goods;
the cost price of the goods and related proof including receipts; and
details of the weight, size, volume and nature of the goods.
17.5.4	In the case of alleged Damage, you must ensure that the parcel, its packaging and the goods are held for inspection at the delivery point.
17.5.5	We may make any investigations that we think are necessary to check out any claim.


Article 18. Modification of the Terms
Amendment of the Terms
We reserve the right, at our discretion, to modify these Terms on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to these Terms, Mercari will make reasonable efforts to notify you of the change, such as through a pop-up window on the Service, through sending an email to any email address you may have used to register for an account, or other similar mechanism. The modifications to the Terms will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified Terms. If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your account and you may no longer use the Service. Disputes arising under the Terms will be resolved in accordance with the version of the Terms that was in effect at the time the transaction occurred.

Article 19. Ownership; Proprietary Rights

19.1 Ownership
The Service is owned and operated by Mercari. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Mercari are protected by intellectual property and other laws. All Materials contained in the Service are the property of Mercari or our third party licensors. Except as expressly authorised by Mercari, you may not make use of the Materials. Mercari reserves all rights to the Materials not granted expressly in these Terms.

19.2 Feedback
While Mercari is continually working to develop and evaluate Mercari product ideas and features, Mercari prides itself on paying close attention to feedback, comments, and suggestions from users. If you choose to contribute by sending Mercari any ideas for products, services, features, modifications, enhancements, refinements, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, you agree that:
Mercari has no obligation to review, consider, or implement Feedback, or to return all or part of any Feedback to you for any reason;
Feedback is provided on a non-confidential basis, and Mercari is not under any obligation to keep any Feedback confidential or to refrain from using it in any way; and
You irrevocably grant Mercari and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.

Article 20. User’s Responsibilities;

20.1 Provision of Required Equipment
A user shall provide and maintain, at their own cost and responsibility, the computers, smartphones, and other devices, software, communication lines, and any other communication environment that are required to receive the Service. Mercari makes no representation or warranty that the Service is compatible with any particular device or network, and does not provide any support to users with regards to the provision, installation, and operation of any such devices.

20.2 Disputes Between Users
If there is a dispute between users, or between a user and a third party in connection with the Service, the problem shall be resolved by such users at their own cost, provided that Mercari may join the discussion at its discretion and that Mercari shall not bear any liability related to such disputes.

Article 21. Our Responsibility for Loss or Damage suffered by You.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights including the right to receive services performed with reasonable skill and care.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In addition, where you use the services for any such commercial, business or re-sale purposes in breach of these terms and conditions, you will be fully responsible for compliance with all laws, regulations and statutory guidance in respect of such use of the services and sales to consumers, including, without limitation the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.


Article 22. Privacy Policy

You agree and acknowledge the Privacy Policy and you consent to the collection and use of your information including personally identifiable information in accordance with the Privacy Policy.
When we are required by applicable laws, we collect personal information from you such as national insurance number, and we may request you to provide us with such information. You consent to promptly comply with such request from us. We will share this information with Merpay to facilitate the offering of its e-money services to you.
If you do not provide the required information, provide incorrect or invalid information or otherwise do not promptly comply with our request, it will be deemed to be a violation of the Terms. In addition to taking the actions provided in Article 10, we may, at its discretion, take other measures as Mercari deems appropriate.

Article 23. Miscellaneous

23.1 Notices
If Mercari determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or address provided by the user. Mercari shall not be liable for any damages incurred due to the fact that Mercari’s notice or communication was not received or was delayed.

You may contact us by emailing us through the Help Centre Section, or by filling out an inquiry form.

23.2 Prohibition on Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

23.3 General
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

23.4 Governing Law and Jurisdiction
The Terms shall be governed and construed under the laws of England and Wales. Any dispute that arises between you and Mercari shall be subject to the exclusive jurisdiction of the courts of England and Wales. Any dispute that arises between you (in your capacity as a Purchaser) and Mercari shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

23.5 Survival
The following Articles survive any termination of the agreement formed by your acceptance of these Terms: Article 2 and Articles 4 to 25.

23.6 Severance
If any term or provision in the Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.

Article 24. Customer Services, Complaints and ADR

24.1 Customer Services
If you require any assistance, you may contact us on the APP or by writing to us (see contact details in Article 26).

24.2 Complaints
If you are not satisfied with the Services, tell us first by contacting us either through the APP or by writing to us (see contact details in Article 26) so we can try to resolve the issue.

24.3 ADR
For the purposes of the information requirements of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015:

If we are unable to resolve your complaint directly:
you could consider using the services of the certified alternative dispute resolution (“ADR”) provider Pro Mediate (http://www.promediate.co.uk/);
however, please note we do not intend to use ADR services provided by any such certified ADR provider.

The European Commission’s online dispute resolution (“ODR”) platform is at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
The ODR platform can be used to resolve disputes between Mercari Europe and consumers.


Article 25. Notice Regarding Apple

To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Article 25. You acknowledge that these Terms are between you and Mercari only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Article 26. Information and Contact Details

Mercari Europe Ltd is a private limited company incorporated in England and Wales with company number 09882090 and whose registered office is 5th Floor, The Record Hall, 16-16a Baldwin’s Gardens London EC1N 7RJ. Mercari Europe Ltd’s VAT number is 238 6435 86.

We can be contacted:
By post: 5th Floor, The Record Hall, 16-16a Baldwin’s Gardens London EC1N 7RJ
By email: uk-contact@mercari.com


Effective Date: 31 January, 2017
Updated: 8 May, 2017