Marketplace Terms for Buyers and Hirers

MARKETPLACE TERMS FOR BUYERS/HIRERS

Welcome to our website at www.beehiveit.co.uk (our “Site”), which provides an online platform and forum for users to browse, buy, sell, rent and hire goods and services (the “Marketplace”).

These Terms set out the terms under which any user who purchases or hires goods or services via our marketplace (“Buyers/Hirers”) from those selling or hiring such items (“Sellers/Owners”). Use of our Site is also subject to our Website Terms of Use and Terms for Sellers/Owners. Please ensure that you have read them carefully and that you understand them.

You will be required to read and accept these Terms upon creating your account and before you are able to purchase/hire any item. Please read these Terms carefully and ensure that you understand them. If you agree to these Terms on behalf of a company or other legal entity you are representing and warranting to us that you have authority to bind such legal entity to these Terms. If you do not agree to comply with and be bound by these Terms, you will not be permitted to buy or hire via our Marketplace.

Please refer to our Privacy Policy for details about how we collect, process, store and retain any personal data we collect from you.

  • Who We Are
      1. Our Site is owned and operated by BEEHIVEIT LIMITED, a company registered in England under company number 11262115, whose registered address is 7 Bell Yard, London, WC2A 2JR (“we/us/our”). Our main trading address is 7 Bell Yard, London, WC2A 2JR.
      2. If you wish to contact us for any reason, you may do so via Contact Us.
  • Our Role As Intermediary
      1. Our Marketplace is provided solely as an online venue for Buyers/Hirers and Sellers/Owners. We are not a party to any transactions or other relationships between users of our Marketplace. You hereby acknowledge and agree that:
          1. you are not making purchases/hire transactions from us and are not entering into a contract with us. Your purchase is from the Seller/Owner, and your contract is with them;
          2. We do not pre-screen Sellers/Owners or any items that they advertise in listings on our Marketplace. We are not, therefore, in any way responsible for the condition, legality, quality, safety or suitability of any items sold/hired or for the content of any listings;
          3. We will not be a party to any dispute between you and any Seller/Owner or another user (although we will consider reasonable requests to assist in resolving disputes, at our sole discretion). Any claims must be made directly against the party concerned and you agree to release us from any and all claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes;
          4. While all Sellers/Owners are required to comply with these Terms, Sellers/Owners are different and may not accept the same payment methods or process transactions and may not offer the same delivery prices, periods or methods.  
  • Purchase/Hire Rules
      1. You may only purchase/hire items on our Marketplace if you are at least 18 years of age. During the sign-up process, users will be required to provide certain personal contact details as well as identification documentation.
      2. When making a purchase/hire from a Seller/Owner, you expressly agree that:
          1. You have read the description and all details within the relevant listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the seller;
          2. You will pay for the item purchased in full and on time, using one of the Seller’s/Owner’s accepted payment methods via our Third Party Payment Service Provider (details of which are provided below in Clause 5);  
          3. You have provided complete and accurate delivery details to the Seller/Owner and that all other information you have provided to Sellers/Owners is accurate and honest;
          4. You agree to accept any reasonable terms, conditions, rules and restrictions imposed by any Sale/Owner;
          5. If you have hired an item, you may only use that item for the normal purpose for which it is intended and in accordance with any and all operation and safety instructions or similar documentation provided, at all times treating the item with a reasonable level of care and ensuring that it is kept clean (subject always to reasonable levels of wear and tear); and
          6. At the end of any applicable hire term, on the agreed date you shall return the item to the agreed premises at or before the time agreed with the Owner.
  • Marketplace Rules
      1. When using our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 4. Specifically:
          1. you must ensure that you comply fully with all local, national, or international laws and/or regulations;
          2. you must not use our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
          3. you must not use our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
          4. you must not use our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
          5. you must not engage in any form of price fixing with other users.
      2. When using our Marketplace, you must not submit anything, or otherwise do anything that:
          1. is obscene, deliberately offensive, hateful or otherwise inflammatory, or sexually explicit;
          2. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
          3. promotes violence or promotes or assists in any form of unlawful activity;
          4. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          5. is calculated or is otherwise likely to deceive;
          6. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
          7. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
          8. implies any form of affiliation with us or other users where none exists;
          9. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
          10. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. We reserve the right to suspend or terminate your access to our Marketplace if you materially breach the provisions of this Clause 4 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
          1. issuing you with a written warning;
          2. removing any offending material from our Marketplace;
          3. issuing you with a written warning;
          4. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
          5. further legal action against you as appropriate;
          6. disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
          7. any other actions which we deem reasonably necessary, appropriate, and lawful.
  • Stripe Connect Payment Service Provider
      1. All payments on our Marketplace are made and processed through the Stripe Connect payment service provided by Stripe Payments Europe, Ltd. of 1 Grand Canal Street Lower, Grand Canal Dock, Dublin (trading as ‘Stripe Connect’) and whose website is  https://stripe.com/connect (our “Third Party Payment Service Provider”).
      2. Your use of the payment service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers/Owners on our Marketplace. We are not a party to any agreement between Buyers/Hirers and the Third Party Payment Service Provider.
      3. The payment service works with Visa, MasterCard and American Express. Please note that not all Sellers/Owners will accept all of these payment methods.
      4. If you are hiring an item from an Owner, the Owner shall be entitled (but not obligated) to request you to pay (via our Third Party Payment Service Provider) a refundable deposit, in addition to the price charged for the item. You shall be required to pay such deposit at the commencement of the hire term, prior to delivery. At the end of the hire term the Owner shall fully inspect the item upon its return by you. If the item requires routine cleaning, sharpening and/or maintenance which is the result of normal wear and tear you will receive the deposit back in full. In the event that additional cleaning, sharpening and / or maintenance is required the Owner shall be entitled to retain the deposit in full or in part as appropriate and shall provide the reasons for such retention to you in writing, including all relevant calculations and pricing information.
      5. If we receive notice from the Third Party Payment Service Provider that your use of our Marketplace or the payment service is in breach of their terms or of any agreement between you and them, we may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the payment service to make or accept payments on our Marketplace, and/or the suspension or termination of your account.
      6. The Third Party Payment Service Provider reserves the right to refuse the use of the payment service to anyone, for any reason, and at any time.
      7. By using the payment service, you acknowledge and agree to us sharing your personal information and/or information about your transactions on our Marketplace with the Third Party Payment Service Provider.
  • Payments to Sellers
      1. If you do not pay, the Seller/Owner may cancel the transaction. Please refer to Clause 11 for more information on the Seller’s/Owner’s cancellation rights.
      2. We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers/Owners at any time, or for any reason. All payment details are held securely and shared only with our Third Party Payment Service Provider.
      3. If you close your account, any outstanding sums due and payable to any Sellers/Owners will remain payable and your account will not be fully closed until all sums due have been paid.
  • VAT and Other Taxes
      1. It is the responsibility of Sellers/Owners to collect and pay takes on any sales/hires made through our Marketplace.
      2. Where any tax, for example VAT, forms a part of the price of any item on our Marketplace, the tax must be included in the price of the item.
      3. If a Seller/Owner is VAT registered, they may be required to charge VAT on the items that they sell/hire on our Marketplace.
  • Delivery
      1. Sellers/Hirers are required to deliver items to you as soon as is reasonably possible upon receipt of payment and no later than 30 calendar days after the date on which the transaction for the sale/hire takes place or by the start of the hire term (unless the listing states otherwise, or unless you have agreed otherwise).
      2. The Seller/Owner is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller’s/Owner’s.
      3. Sellers/Owners are free to determine the delivery charges for their items; however, they must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to them of delivering the item in question to you.
      4. Different delivery methods may be offered by different Sellers/Owners. Delivery options may include personal delivery, collection, and postal or delivery service.
      5. Once an item has been dispatched to you, the Seller/Owner will inform you that it has been dispatched.
      6. Sellers/Owners are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when delivering items to you.
  • Cooling-Off Periods
      1. If you are a consumer (i.e. not a business) based in the European Union, you may be entitled to a 14-day “cooling-off” period within which you may cancel your contract with a Seller/Owner and return an item for any reason.
      2. The cooling-off period does not apply in the following circumstances:
          1. If the item is sealed for health or hygiene reasons, and you have unsealed the item after receiving it; or
          2. If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and you have unsealed the item after receiving it; or
          3. If the item is likely to deteriorate quickly (e.g. food); or
          4. If the item has been personalised or made-to-order for you; or
          5. If the item has been inseparably mixed with another item or other items (according to their nature) after you have received it.
      3. If you wish to exercise your right to cancel during the cooling-off period, you must clearly inform the Seller/Owner of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which the Buyer/Hirer sends you their message.
      4. Items must be returned to the Seller/Owner no more than 14 calendar days after the day on which you inform them that you wish to cancel. You will be responsible for the costs of returning items to the Seller/Owner if you cancel under the cooling-off period.
      5. If the date on which any service is due to commence falls within the cooling off period, you acknowledge that if the service is completed within the cooling off period, you will lose the right to cancel once completed. If you cancel after provision of the service has begun you will be required to pay for the service supplied up until the point at which you inform the Seller/Owner of your wish to cancel.
      6. When you cancel under the cooling-off period, the Seller/Owner must issue a refund of any sums paid for the item promptly and within 14 calendar days.
  • Defective Goods/Services
      1. By law, Sellers/Owners must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that they provide to you, and that matches any samples or models that they have shown to you. If the Seller/Owner is providing services, the law requires them to provide those services with reasonable skill and care, consistent with best practices and standards in the applicable industry and in accordance with any information provided by them about them and the services.
      2. As a consumer, you have certain legal rights with respect to the purchase/hire of goods and services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Broadly, if services are not performed with reasonable skill and care, you may have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If goods do not conform with the requirements outlined in Clause 10.1, you may have a 30-calendar day right to reject them and to receive a full refund, or you may request a repair or replacement.
      3. Refunds under this Clause 10 must be issued within 7 calendar days of the day on which the Seller/Owner agrees that you are entitled to a refund (and, if applicable, must include all delivery costs paid by you when the item was originally purchased).
      4. If you discover any damage (pre-existing) or fault with any item purchased/hired, you should inform the Seller/Owner as soon as is reasonably possible.
  • Transaction Cancellation Rights
      1. The Seller/Owner has the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
          1. You and the Seller/Owner have mutually agreed to cancel the transaction before the item is dispatched or before the service is delivered;
          2. You and the Seller/Owner have mutually agreed to cancel the transaction following receipt by you of the item and you have returned the item to the Seller/Owner;
          3. You have failed to pay;
          4. The Seller/Owner has chosen to refuse service to you.
      2. Refunds under this Clause 11 must be issued within 14 calendar days of the date on which you and the Seller/Owner agree the cancellation, or the date on which the Seller/Owner informs you that they are cancelling the transaction.
  • Intellectual Property Rights
      1. The provisions of Clause 7 (Intellectual Property) of our Website Terms & Conditions apply to all user content submitted to our Site and Marketplace.
      2. Buyers must, at all times, respect the intellectual property rights of Sellers/Owners on our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
  • Liability and Indemnity
      1. Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
      2. To the fullest extent permissible by law, we will not be liable to you in any circumstances for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity or other indirect or consequential losses.
      3. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
      4. In the event of your breach of these Terms or your misuse of our Site or Marketplace, you agree that you shall defend, indemnify and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with such breach or misuse.
  • General
      1. We may assign our obligations and rights under these Terms to a third party (for example if we sell our business).  Your rights under these Terms will not be affected and the third party will remain bound by our obligations under these Terms. You may not assign your obligations and rights under these Terms without our express written permission.
      2. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from the remainder of these Terms, which shall remain valid and enforceable.
      3. No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
      4. We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. Where this is the case, we will notify you by email. If any changes to these Terms are to your material disadvantage, you may cancel the contract with us.
      5. These Terms shall be governed by, and construed in accordance with the law of England and Wales. However, if you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
      6. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Beehiveit - Hire or Rent almost anything!