User Agreement

User agreement

  1. Introduction

This User Agreement, the Bosh User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which Bosh offers you access to and use of our sites, services, applications and tools (collectively 'Services'). You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.

  • If you reside in the United Kingdom, you are entering into a contract with Bosh (UK), Northampton, United Kingdom
  • If you reside outside the UK, are entering into a contract with Bosh (UK), Northampton, United Kingdom.
  1. About Bosh

Bosh is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. Bosh also offers advertisement for businesses at a cost.

Bosh does not have possession of anything listed or sold through Bosh,and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Bosh is not a traditional auctioneer.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Bosh does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, Bosh has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Sellers must have a valid payment method on file with Bosh at all times. You authorise Bosh to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by Bosh.

This includes, but is not limited to, amounts owed for Bosh fees, Bosh will notify you of these charges. If payments or amounts owed to Bosh cannot be completed through the payment method on file for any reason, you are still required to pay Bosh for all unpaid amounts and Bosh reserves the right to seek reimbursement through other means plus any additional costs incurred by Bosh in seeking reimbursement. You can change your payment method in your Bosh account at any time.

Bosh does not offer any kind of money back guarantee, Bosh, is not involved in the actual transaction between buyers and sellers.

  1. Using Bosh

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third-party rights or our systems or policies;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Bosh policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller
  • fail to deliver items sold by you, unless you have a valid reason as set out in an Bosh policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the Feedback or ratings systems
  • transfer your Bosh account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific Bosh transaction on the Bosh site (which includes using this information to send marketing materials directly to Bosh users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm Bosh, or the interests or property of Bosh users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Bosh application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
  • commercialise any Bosh application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Services.

If you are registering with Bosh as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Bosh, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the UK).

You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.

If (1) we believe you are violating the policy on Offers to buy or sell outside of Bosh, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and

(2) you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of Bosh, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the Bosh site, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

  1. Abusing Bosh

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote 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 Bosh community or reduce our or another Bosh 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 endeavors, 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.

  1. Fees

Private seller fees for using our Services are listed on our Fees for private sellers page and business seller fees for using our Services are listed on our Fees for business sellers page. We may change our fees, or introduce new fees from time to time by posting the changes on the Bosh website giving 30 days’ notice 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 Bosh Services, even if sales terms are finalised or payment is made outside of Bosh. 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 Bosh site, even if the item does not actually sell.

You are required to have a payment method on file when selling on Bosh. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Seller fees don't purchase exclusive rights to item exposure on Bosh 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.

  1. 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. Bosh does not guarantee exact listing durations;
  • when you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing;
  • you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the Bosh 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 Bosh’s policies may be modified, obfuscated or deleted at Bosh’s discretion;
  • in accordance with the listing with the Bosh catalogue policy - opens in new window or tab, 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, bidding activity, end time, keywords, price and postage cost, Feedback, Bosh policy compliance and detailed seller ratings. Learn more about finding an item you listed for sale;
  • Bosh’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 third party search engine results;
  • we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
  • some optional upgrade features will only be visible on certain Bosh Services.

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.

  1. 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 bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item
  • You must be over the age of 18 to purchase any items containing alcohol ' or 'By purchasing this item you confirm that you are over the age of 18' the store selling this product or BOSH will not take any responsibilty if a user goes against these terms 
  1. 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 may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including Bosh users). You may use that content solely in your Bosh listings during the time your listings are on Bosh’s sites. That permission is subject to modification or revocation at any time at Bosh’s sole discretion.

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 Bosh 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. If you choose to use catalogue content and/or product data in connection with your listings, 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 Bosh policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

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

 

  1. Data protection and Privacy
  • You and Bosh 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 Bosh 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 Bosh 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.
  1. Additional Terms

Returns

Sellers can create rules to automate returns and refunds – Bosh takes no responsibility for this and this is solely between the buyer and seller. Buyers are to read the sellers terms and conditions and by purchasing items, the buyer confirms the terms have been read and understood.

  1. Etsy connect

If you choose to connect with your Etsy store on BOSH, you agree to Etsy’s terms and conditions. "The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy."

  1. Liability

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

We (including directors, 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 Bosh
  • 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 Bosh 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 Bosh 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 behavior 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. Bosh 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.

  1. Legal Disputes

If a dispute arises between you and Bosh, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support.

  1. General

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 Bosh 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 Bosh group (including, without limitation, in respect of any services provided by any member of the Bosh group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Bosh 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 via the Bosh website. 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 Bosh 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 Bosh site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

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