WhoSki.com Terms and Conditions of use: please read carefully before using our site
WhoSki.com is a peer-to-peer marketplace enabling registered users to buy and sell quality secondhand and pre-loved outdoor clothing, equipment and accessories. The terms and conditions (“Terms“) below, and the documents referred to in them, apply to your use of this website located at the address https://whoski.com and/or mobile applications called Whoski (the “Site“). If you do not agree to be bound by these terms, you should not access or view the Site.
This Site is operated by Whoski LLP (company number OC423911), of registered office Champleys Accountants, Champleys Mews, Market Place, Pickering YO18 7AE, United Kingdom (“we” “our” “Whoski”)
Other applicable terms
Our Listings Rules, which apply to your interactions with this Site, including what you may list on the Site and any content which we may permit you to upload.
Our Charging Policy, which sets out charges which apply to sales/purchases on the Site.
We provide an online facility through which individuals can buy and sell items and communicate with one another on the Site (the “Services”).
From time to time, Whoski may also make available to the users certain additional services. These may be subject to charges as indicated in our Charging Policy, which is updated by Whoski on an ongoing basis.
You undertake to comply with all applicable laws and regulations in connection with your use of the Services.
3. Our function
Our Site is an online marketplace for individuals to buy and sell items from, to, or with other individuals. We are not a party to any transaction between a buyer and a seller or two individuals who agree to any transaction, save for the Services we provide to facilitate transactions. The Site hosts third-party content.
We do not check or pre-approve items listed on the Site or any parties who you may deal with on the Site. We may choose specific items to promote or highlight on the site or through our marketing channels; the decision of what these are is wholly Whoski’s right and responsibility.
4. Requirements to use the services
To use the Services, you must register with us by completing the registration form after clicking “Sign up” or registering using an acceptable third-party service approved by us and integrated into the Site.
The Services are not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Whoski shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
Business sellers are not permitted to use the Services. When business sellers transact with consumers they are subject to more legal requirements than non-business sellers. By using the Services you warrant that you are not a business seller.
You undertake to keep up to date all information about you on the Site, and that the information you provide is true, accurate and complete.
Buyers and sellers must not share or request direct contact before a sale is completed. Neither can they use information they’ve obtained via WhoSki.com or our social media forums to make contact with each other to arrange the sale or purchase of an item outside of WhoSki.com. Sellers who list an item on WhoSki.com must pay commission for the item sold, even if that sale is completed outside WhoSki.com (eg cash on delivery, personal pickup, or payment by cheque, bank transaction or money order).
5. Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
You must immediately notify us by using the email@example.com email address if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
We are GDPR compliant and will inform website users and the ICO as applicable by data law if there is data breach or potential data breach.
6. Content you provide
Any content you provide to us or any contact you make with other users, whether privately or publicly, must comply with our Listings Rules.
You warrant that any such content or contact complies with the Listings Rules and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us, including without limitation content you post on our Site and pictures of listed items.
Please note that WhoSki may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases, WhoSki representatives will cross-check automatic-scanning/filtering results in order to determine what preventative action should be taken to ensure security of the platform.
7. Rules for listing items
In respect of all items you offer for sale, exchange or give-away through the Services:
You must ensure that such items comply with our Listings Rules. Note that:
You may not list certain categories of items;
You must be the legal and beneficial owner of such items and have the right to sell them;
The sale, exchange, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
To list an item you must complete a description form and provide such other information as we may require for all items that you offer for sale on the Site in accordance with our Listings Rules;
By listing an item you represent and confirm that the item complies with all aspects of the directory listing that you submit, including the category in which you list such item and any photograph of the item, and that such item information is accurate. This information will form the terms on which you offer the item for sale.
When you submit a directory listing of an item, the item shall be deemed to be available for purchase by another registered Whoski member. You may amend the terms on which you offer an item for sale at any time before you have entered into a contract to sell the relevant item.
You may remove an item from the Site at any time before you have entered into a contract to sell the relevant item.
8. Buying and selling
If you are buying or selling an item on Whoski, we require you to use our payment services. Please note that we may restrict integrated payment services as per sections 10 to 12 below only for users based within UK and accordingly not offer them in order to facilitate cross-border transactions.
9. Fee for payment services
By using Whoski, you agree that Whoski shall receive a Fee according to the rates and conditions as set out in the current Charging Policy. Whoski may amend the Charging Policy from time to time, and we will inform you about such changes via our Charging Policy page.
10. Buying using the site
Where you use our payment and shipping services:
When you click “confirm payment” on the payment page, you acknowledge and agree that you enter into a contract with the seller to purchase that Item from them.
When you enter into a contract to purchase an Item, you warrant and undertake that you have the legal right to enter into such transaction.
You may only terminate the contract with the seller where you are permitted by law.
When you enter into a contract with a seller, payment will be taken from your credit or debit card through Stripe immediately. Please see the “Payment” section below for more information.
11. Selling using the site
Where you use our payment services:
An Item that is for sale is an offer by the seller of such item, which may be accepted by a buyer. See the “Buying using the site” section above for more information.
Once you click “accept transaction” on that Item page you acknowledge and agree that you enter into a contract with the buyer to sell that Item to them.
Prior to entry into a contract with a buyer under section 10 above, you may consider offers for an Item from other Site users.
You may only terminate the contract with the buyer to the extent permitted by law.
12. Payment services
Where you use our payment services:
Buyers must pay sellers for Items by credit or debit card or Apple Pay using the Stripe payment service on the Site.
Payments must be made in the currency specified on the Site and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive of delivery charges and any other fees for additional services offered by Whoski.com. Additional services will be charged following terms indicated in our Charging Policy.
Buyers are responsible for any shipping costs, including any insurance costs, unless otherwise mutually agreed by the buyer and the seller.
Payment for Items is in advance. The buyer’s credit or debit card will be charged when the buyer has marked the transaction as Completed for the purchase of an item under section 11.
WhoSki.com may at any point in time upon its sole discretion suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Whoski and/or any user or third party.
We use a third party service provider to process your payment. We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission to Stripe of information connected to your credit or debit card and we hereby exclude all liability to the extent permitted by law.
13. Removal, warnings, blocking, suspension and termination
We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Item if:
you are in breach of these Terms;
you act in any manner which we consider may damage our reputation; or
you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.
14. Access to this site, its services and content
We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted.
We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.
We do not guarantee that this Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.
You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site.
You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990.
We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
Nothing in these Terms limits or excludes our liability to you for:
– death or personal injury caused by our negligence;
– fraud or fraudulent misrepresentation; or
– any other type of liability which cannot by law be excluded or limited.
We make no warranties or representations, whether express or implied, that this Site, any content and the Services on it are accurate, complete, up-to-date or suitable for any purpose; or are free of error or omission. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.
We provide an online facility to introduce individuals to one another to enable the purchase, sale, exchange and give-away of items between them. Buyers, sellers and parties to an exchange or give-away are solely responsible for transactions entered into using the Site.
We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:
– the descriptions or photos of items, including their accuracy and completeness;
– the quality, legality or safety of the items;
– the seller’s, exchanger’s or giver’s title to the items; or
– any seller’s or buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such transaction.
You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.
In respect of any dispute you may have with another user of the Site, you agree to:
- waive any claim you may have against us in connection with such dispute; and
- indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
Subject to section 16.1, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.
We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
Subject to section 16.1, Whoski, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
Subject to section 16.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:
– the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and
– £100 in respect of any other claim.
17. Third party links and resources
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.
If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.
19. Events beyond our control
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms of agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
21. Entire agreement
These Terms and all documents referred to in these Terms constitute the entire agreement between us and you.
These terms supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
We and you agree that in entering into these Terms we have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
22. Applicable law
Please note that these Terms, their subject matter and formation, are governed by English law.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
WhoSki TM is a registered EU trademark of Whoski LLP
Any other trademark displayed on the site is not owned by us. Any use of such trademarks may be an infringement of the rights of the owner in those trademarks.
24. Amendments to these terms
We may change these Terms from time to time by posting an amended version on this page in the following circumstances:
to reflect changes or expected changes in relevant laws and regulatory requirements;
to reflect any ruling by a court, regulator or any other similar body having authority;
to make these terms clearer or fairer;
to reflect changes and developments in how we operate our business;
to rectify any error which we may discover at a later date; or
to reflect changes in market conditions or standard industry practice.
We recommend that you check this page from time to time, as your continued use of this site after these terms are amended shall mean that you agree to be bound by such changes.
For all support-based enquiries, you can contact the team here: firstname.lastname@example.org
Date of last revision: April 2023