Terms & Conditions

This community marketplace is operated directly by Out & About Live, and is supplied to us by Kindred RM.

The following information details the terms and conditions of purchase. 

BUYER SPECIFIC TERMS

1

This clause applies only where you are a Buyer for the purposes of the relevant Sale.

2

Registration
In order to register as a Buyer, you must follow the Buyer Registration Process set out on the Website.

3

Making Purchase Promises/Notice of Acceptance/Payments
As a Buyer, you will be able to make Purchase Promises via the Website. You will be guided through this process on screen and have an opportunity to review the details before confirming your Purchase Promise.

4

Purchase Promises you make automatically and legally bind you to a Contract of Sale when the Listing closes if your Purchase Promise is successful (i.e. the Target is met or the Seller decides to close the Listing early and honour your Purchase Promise).

5

You are not able to withdraw or cancel a Purchase Promise once it has been placed because the Service is being provided to you immediately at such point. However you may still have cancellation rights in relation to a particular Product itself under your Contract of Sale between you and a Seller. For information regarding your rights of cancellation or return of relevant Product, you should read the Listing details carefully and/or contact the Seller directly. For information about your statutory rights you should refer to the website of the Office of Fair Trading or your local trading standards body.

6

In the event that you place a Purchase Promise and the Per Unit Price for the relevant Listing is subsequently reduced by the Seller, then your Purchase Promise will also be reduced in line with the new Per Unit Price. In no circumstances will the Per Unit Price in the Listing ever increase during the Listing Period.

7

We will send you a Notice of Acceptance when the Listing ends and your Purchase Promise has been successful. Such Notice of Acceptance confirms that you have entered into a Contract of Sale with the Seller for the relevant Product on the terms set out in your Purchase Promise. This Contract of Sale incorporates the Seller's existing returns and refunds policy as contained or referred to (via the linked Seller's website) in the relevant Listing.

8

On our communication to you of a Notice of Acceptance you will be liable to pay and automatically billed by us for your Buyer Payment being the purchase price of the relevant Product including VAT and delivery costs as set out in your Purchase Promise. We will use the card details you have given us to deduct this Buyer Payment from your account.

9

Our Role and Liability to You and Limits on This
Our role is that of agent of the Seller in respect of the collection of payments from you for the relevant Product indicated in any Listing. Our liability to you is limited on the basis described in this Agreement. In particular, you should be aware that we do not:

9.1

own or control any of the Products or other items included in any Listing; or

9.2

check the Products or the truth or accuracy of the Listings or of the descriptions or photographs used.

10

For the avoidance of doubt, we are not a party to any Contract of Sale. We have no responsibility to you or a Seller under a Contract of Sale. We are not liable to you for any failure on behalf of the Seller to deliver the Product following a Sale or for any defect in the Product. Any concerns or complaints that you may have in relation to a Product should be sent to the Seller directly.

11

We (at our absolute discretion) shall have the right, but, for the avoidance of doubt, not the obligation, to withdraw a Notice of Acceptance that we may have given. For the avoidance of doubt, in such case no Contract of Sale will exist between you and the Seller and we shall not enforce any obligations that you may have otherwise had under it against you. Any payments deducted from your account will be promptly refunded.

12

We do not limit or exclude our liability to you for death or personal injury caused by our negligence. Neither do we restrict or limit our liability to the extent it arises as a result of our breach or negligence.

13

We will not be liable under this Agreement for any damage or loss suffered or incurred by you as a consequence of our failure to provide the Service caused by events outside our reasonable control (this includes, but is not limited to, transmission failure, extremes of weather, industrial disputes, nuclear accident, acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction coming into force after the date of this Agreement, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors).

14

Your Liability to Us
If you use the Service for any purpose other than as specified in this Agreement, you will be liable to compensate us for any loss, liability or cost which we incur arising from or in connection with any breach by you of this Agreement.