This page discusses terms and rules of this site.
Terms and Conditions
The Pigeon Superstore – www.thepigeonsuperstore.com
These terms and conditions apply to the services provided by The Pigeon Superstore situated at Second Floor, Hunter House, Shenfield, Essex, CM15 8NL; [“The Pigeon Superstore”] available via the domain and any sub-domains of www.thepigeonsuperstore.com, referred to herein as [“The Site”]. By using any services provided by The Site (or related web services) you [“the User”] agree to the following terms, including all those available by hyperlink from The Site, and the general principles contained in any subsidiary website. These terms constitute a legally binding agreement between the User and The Pigeon Superstore and shall herein be collectively known as [“the User Agreement”]. We strongly recommend that you read the User Agreement before using the services provided by The Pigeon Superstore via The Site.
About The Site
The Pigeon Superstore is an online market site enabling its Users to Buy and Sell Pigeons and pigeon related goods and products.
Buyers and Sellers register their details with The Site and create an account [“User Account”] for the purposes of listing Pigeons, products or other pigeon related goods for sale, or alternatively bidding on any goods listed. Sellers have the ability to list Pigeons and pigeon related items for sale in a live auction [“Auction”] aiming to achieve the highest price possible over a specified period of time, or by listing a Pigeon with a set price using the Fixed Price [“Fixed Price”].
The Site and services are strictly for the use of persons over the age of 18 years old. If a User is found to be under the required age limit and has provided a false declaration of their age, then that User’s Account will be deemed void and will be suspended and/or terminated immediately.
The User must have a capacity to form legally binding contracts.
Use of The Site must be for lawful purposes only. As well as complying with the terms set out in this Agreement, the User must abide by any local, national and international law or regulation, and the User must not use The Site for any fraudulent, illegal, or otherwise restricted use, or any use which causes any fraudulent or illegal outcome or purpose.
Whilst using The Site, the User must not:
The list above is not conclusive and The Pigeon Superstore reserves the right to suspend or terminate any User Accounts for:-
Or, in order to modify or discontinue The Site for purposes reserved by The Pigeon Superstore.
In circumstances where a User Account is created in the name of a business, it will be an implied term that the creator of the User Account has the authority to legally bind that business. All Users trading as a business on The Site must comply with all laws and regulations in effect for businesses trading online within that specific User’s appropriate jurisdiction.
This User Agreement must be read and accepted by all Users before The Pigeon Superstore commences in providing its Services. Unless agreed otherwise, this User Agreement cannot be cancelled under the Consumer Contracts (Information, Cancellation and Additional Charged) Regulations (2013), or equivalent legislation within the User’s jurisdiction once The Pigeon Superstore have commenced in providing its Services to that specific User.
Buyers are advised to carry out their own investigation into all Pigeons before purchasing from The Site. All investigations should be arranged directly with the Seller, subject to their consent. This is to include the investigation of, but not be limited to, the following:-
The information must be produced by the Seller as per the Sellers Terms of this User Agreement, but in the event that any listing information is not provided by the Seller or there is a misrepresentation or false declaration or inaccuracy of any specified information, then it will not be deemed in any circumstance as a representation, undertaking or warranty of The Pigeon Superstore.
There is no implied Term in any sale that The Pigeon Superstore ensure that a Pigeon is of satisfactory quality or fit for the purpose of Pigeon racing, breeding or any other purpose (whether or not such purpose is made known). It is for the Seller to ensure that any Pigeon listed for sale is of satisfactory quality and fit for the purpose of Pigeon racing, Breeding (please see Sellers Terms).
Upon creating a User Account and using The Site, Buyers must not engage the Seller of a product or item for the purposes of attempting or arranging any negotiation or sale outside of The Site.
In accordance with this User Agreement, when using The Site, Buyers will not:-
A breach of the above may result in the following:-
In circumstances where the Buyer successfully bids and wins an Auction or purchases using Fixed Price, they are required to pay the full price of their successful bid for the Pigeon or pigeon related product(s). Completion of the transaction will occur once the Seller delivers to the Buyer: (i) the Pigeon; and, (ii) all documents as are required under the Sellers Terms of this User Agreement.
In the event that the Seller fails to complete the transaction, there will be no obligation upon the Buyer to commit to delivering payment to the Seller. In such circumstances, The Pigeon Superstore will not consider this as a breach of the above Buyers terms and it will be deemed as forfeiture by the Seller. The Seller accepts full liability and responsibility in this instance and may be held liable for any fees or losses incurred by The Pigeon Superstore and/or the Seller.
The Pigeon Superstore is not responsible for any type of loss or damage suffered by the Buyer, directly or indirectly, in the event that a Seller fails to complete a transaction of the sale of a Pigeon or pigeon related product(s).
The Pigeon Superstore does not, at any point, have possession of any Pigeons or pigeon related products listed, or bought, on The Site and is not involved in the actual transaction between the Buyer and Seller. The contract for sale is directly between the parties involved in the transaction.
The Seller is responsible for listing for the purposes of selling a Pigeon, the following information:-
Picture – the seller can upload pictures It is the responsibility of the Seller to maintain and provide the accuracy of all information concerning the description of the Pigeon being listed for sale. In the event that any listing information is not provided by the Seller or there is a misrepresentation or false declaration of the accuracy of any specified information, then it will not be deemed in any circumstance as a representation, undertaking or warranty of The Pigeon Superstore.
There is no implied Term in any sale that The Pigeon Superstore ensures that any Pigeon is of satisfactory quality or fit for any particular purpose or any other purpose (whether or not such purpose is made known).
The Seller is to ensure that every Pigeon provided for auction is of good health and that the Seller has proper legal entitlement and/or authority to sell. Failure to comply with this provision will deem the Seller liable for any loss incurred as a result of any misrepresentation.
Upon the sale of a Pigeon, it is the Seller’s responsibility to provide to the buyer with documentation confirming the following:-
In the event that the Seller fails to complete the transaction, there will be no obligation upon the Buyer to commit to delivering payment. In such circumstances, The Pigeon Superstore will not consider this as a breach of the above Buyers terms and it will be deemed as forfeiture by the Seller. The Seller accepts full liability and responsibility in this instance.
The Pigeon Superstore is not responsible for any type of loss or damage suffered by the Seller, directly or indirectly, in the event that a Buyer fails to complete a transaction of a sale.
Upon creating a User Account using The Site, Sellers must not engage the Buyer of a Pigeon or pigeon related product goods for the purposes of attempting or arranging any negotiation or sale outside of The Site.
The Pigeon Superstore does not, at any point, have possession of any of the Pigeons listed, or bought, on The Site and is not involved in the actual transaction between the Buyer and Seller. The contract for sale is directly between the parties involved in the transaction.
In accordance with the Sellers terms, once a User lists a Pigeon or pigeon related product(s)s for sale on The Site they have agreed to enter into a legally binding contract for the sale of that Pigeon or pigeon related product(s) in accordance with this User Agreement.
The User agrees:-
The Pigeon Superstore allows its Users to list items for sale on The Site in the following ways:-
The Pigeon Superstore will invite any User who at the discretion of The Pigeon Superstore is seen as eligible for an auction this will be in determined in terms of quantity and or quality of pigeons or pigeon related product(s) being offered by the seller.
The Pigeon Superstore accept no responsibility for any loss incurred as a result of any of the above, or of a removal, or suspension, of any listing in circumstances where this User Agreement has been breached by the User.
|Items listed per calendar month||Fee charged to seller|
Registering a User Account is free of any charge. Listing pigeons or pigeon related products for sale is currently free until 30 June 2020. After this date, our listing fees will revert to our standard charges as listed in the section above.
The Fees that The Pigeon Superstore charge for use of The Site, and the services provided by them, are paid by Sellers only.
Prior to the use of The Site or any services provided by The Pigeon Superstore, and prior to the sale of any Pigeon or pigeon related product(s), all Sellers agree to the final value of the successful winning bid or purchase price, which is paid to The Pigeon Superstore upon completion of a transaction [“Final Value Fee”]. The Final Value Fee is agreed by Sellers in accordance with the Tariffs provided below:-
PURCHASE PRICE OF PIGEON related goods
|£0.00 - £100.00||10%|
PURCHASE PRICE OF PIGEONS
|£200.01 - £500.00||10%|
|£500.01 - £1,500.00||12%|
The Pigeon Superstore reserves the right to change its Fees, but in order to do so, The Pigeon Superstore must provide all Users with written notice 14 days before the changes are implemented. Notice may be provided electronically using the Messaging function provided by The Site, or using the e-mail address provided when creating a User Account. Users may cancel their User Account free of charge within this 14 day notice period.
If an Auction begins or an item is listed using the Fixed Price function before the notice period of a change in Fees, and ends after the new Fees have been implemented, the User will not be affected by the change in Fees for the purposes of that specific transaction.
All Users must submit a payment method when creating a User Account. It is the responsibility of all Users to ensure that the payment method provided is sufficient and up to date. If any Fees become overdue, The Pigeon Superstore may charge a User’s payment method to collect Fees. The Pigeon Superstore may incur Legal expenses or instruct Collection Agencies to collect Fees which are 90 days overdue.
Unless otherwise stated, all Fees are in Pounds Sterling (£GBP). The Pigeon Superstore provide a currency conversion tool within The Site. Such tool is for illustrative purposes only and The Pigeon Superstore make no representations or warranties as to the suitability or accuracy of the currency conversion tool.
All Users accept that Invoices will be issued electronically using the e-mail address provided when creating a User Account.
When providing The Pigeon Superstore with any content, Users grant a non-exclusive, worldwide, ongoing, irrevocable, free, sub-licensable (multiple tiered) right to use the content and provide authorisation for The Pigeon Superstore to exercise any and all copyright, trademark, publicity, database and any other intellectual property rights in the content, or any other rights, known now or in the future. All moral rights are waived by the User to the fullest extent under law over the content and there is a promise not to assert or enforce any rights upon The Pigeon Superstore (or any affiliated persons or sub-licensees). You agree not to remove any copyright, trademark, publicity, database or any other intellectual property rights in respect of the content.
The Pigeon Superstore will not be held responsible for any loss incurred as a result of suspending, terminating or cancelling any User Accounts, as a direct result of that User breaching any policies of misuse listed in this User Agreement. The Pigeon Superstore will not be held responsible for the actions, or omissions, of other User’s use of The Site which may cause any loss or damage. You accept that The Pigeon Superstore is not a traditional auctioneer, but hosts an online live-auction Site allowing anyone to register for the purpose of buying and/or selling Pigeons at any time, subject to the conditions and timings of any live auction provided on The Site. At no point does The Pigeon Superstore have possession of any Pigeons or pigeon related product(s) listed for auction or for sale on The Site.
The Pigeon Superstore does not check, review or filter its listings and does not check or warrant any Pigeon or pigeon related product(s) sold or listed through The Site. It has no control over the content, quality, legality, accuracy or safety of any Pigeons or pigeon related product(s) which are listed, and/or sold, or any other content posted on The Site. The User must verify the accuracy of all listings and accepts liability for any loss or damage caused by any false declarations or misrepresentations of any inaccurate or untrue listing. All Users accept responsibility that any listing on The Site complies with all applicable laws, and takes sole responsibility over the legality of their actions and listings on The Site.
No assumption will be made by any User or third party that any listing, sale, purchase, or other action relating to any Pigeon or related goods is valid and legal by being listed and represented on The Site.
The Pigeon Superstore (including any and all subsidiaries, affiliates directors, shareholders, agents, employees and officers) will not be liable to any User in contract, tort, or otherwise for any losses incurred by any business entities, to include losses such as loss of revenue, profit, data, business, opportunity, goodwill, reputation or interruption to business dealings; or, for any losses which are not reasonably foreseeable arising directly or indirectly out of any Users use or inability of use of The Site or the services provided by The Pigeon Superstore.
The Pigeon Superstore will not be liable for any loss or damage suffered by any User due to any: act of nature; power failure; Trade or Labour strike or dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication issues; or any other delay or failure caused by a third party. In any such event, The Pigeon Superstore reserves the right to cancel or suspend all services without incurring any liability. The Pigeon Superstore are not liable for the failure of any equipment or software, administered in any location, or whether under their direct control or not, that may prevent the sale or purchase of any Pigeon or pigeon related product(s) on The Site. The Pigeon Superstore does not extend any warranties (whether express or implied) for the maintenance or reliability of its services.
The Pigeon Superstore does not limit or exclude its liability for fraudulent misrepresentation, death or personal injury resulting from its negligence, or the negligence of any of its agents or employees; or for any other liability that cannot be limited or excluded by law.
By reading and accepting this User Agreement, all Users agree that any claim or dispute against The Pigeon Superstore by a User arising under use of The Site shall governed by the laws of England and Wales, and will exclusively be heard within the jurisdiction of the English Courts.
Attempts should be made to resolve any dispute without the need for litigation, and will, where possible consider any attempt for alternative dispute resolution or settlement before proceedings must be commenced.
If a User is in dispute with another User, or multiple Users, then you indemnify The Pigeon Superstore (including any and all subsidiaries, affiliates directors, shareholders, agents, employees and officers) from all claims or demands of any nature.
Third Party Rights
Any persons/businesses who are not a party to this User Agreement have no right under the Contracts (Rights of Third Parties) Act 1999 (as amended) to enforce any term thereof. Note that this does not affect any other right or remedy a third party is entitled to which is specified in this User Agreement or which exists otherwise or which is available apart from the Act.
All notices served on The Pigeon Superstore must be sent by recorded delivery to: Second Floor, Hunter House, Shenfield, Essex, CM15 8NL
If The Pigeon Superstore is required to serve any notices on Users, it will use the information provided upon the creation of the User Accounts. It will use the address provided by a User as the address for service if legal proceedings are commenced, except in situations where a business is registered, in which case it will use the registered address for service as filed by that business with Companies House. Deemed date of service is 3 clear days after the notice is sent by recorded delivery.
All Users accept that The Pigeon Superstore may serve notices, correspondence and documentation on Users using the ‘My Messages’ tool provided by The Site.
All Users accept that they will be responsible to provide The Pigeon Superstore (including any and all subsidiaries, affiliates directors, shareholders, agents, employees and officers) with full compensation for any damages or costs, including reasonable legal fees, which are incurred as a result of any breach of this User Agreement, use of The Site or breach of any laws or rights of a third party.
If any term or provision of this User Agreement is deemed to be invalid, void or unenforceable then the specific term or provision shall be removed from the User Agreement, but shall not affect the enforceability or validity of the remaining terms or provisions.
The Pigeon Superstore may assign its rights and obligations under the User Agreement without obtaining express consent beforehand from any User of The Site, as long as the assignment of the User Agreement is on the same terms, or terms no less favourable to any User.
The Pigeon Superstore may make any amendments to the User Agreement as it feels necessary. To do so, it must provide notice via the email address provided by Users when creating their User Account, or via the ‘My Messages’ tool on all User Accounts. Alternatively, it can post any amendments on The Site, in clear view for all Users. All amendments will come into effect 14 days after the notice has been served, unless otherwise stated. The amendments will be deemed as accepted by the Users following continued use of The Site after they have come into effect.
The User Agreement may not be otherwise amended unless the amendments are agreed in writing by The Pigeon Superstore and the User.
No agency, partnership, joint venture, employer or franchise relationship will be created, or is intended to be created, by this User Agreement.
The headings of this User Agreement are for reference purposes only, and the terms are not mutually exclusive as to those covered by the headings. We do not guarantee that we will act on all breaches of this User Agreement. Failure to act on any breach does not waive our right to act on any future, subsequent or similar breaches of a User or third party.
Under no circumstances may the following sections of this User Agreement be disregarded following termination of this Agreement: Fees, Content, Liability, Compensation, Legal Disputes and the release contained in General Terms.