- Who we are
We are Pow That Ltd, a company incorporated and registered in England and Wales with company number 11955369. Our registered office is at 10th Floor Met Building, 22 Percy Street, London, United Kingdom, W1T 2BU (“we“, “our“, or “us“).
- These Terms
- YOUR ATTENTION IS PARTICULARLY DRAWN TO THE WORDING IN CLAUSE 20 (LIMITATION OF LIABILITY) AND CLAUSE 21 (INDEMNITY).
- Other applicable terms
- our Acceptable Use Policy [insert hyperlink to AUP];
- our Cookies Policy [insert link to cookies policy].
You must ensure that you have read and understood the Privacy and Cookies Policies before you provide us with any personal data.
- If you use POWthat! to advertise for sale comic books and collectables, you are using POWthat! as a seller and our seller terms [insert link to seller terms below] (the “Seller Terms”) will apply. The Seller Terms set out the terms and conditions on which you are permitted to use POWthat! to list an item for sale and sell items to buyers on POWthat!.
- If you use POWthat! both to buy and sell items, both the Buyer Terms and the Seller Terms will apply to your use of POWthat!, respectively.
- Changes to the Terms
- Using POWthat!
allows you to connect with people around the world and to browse, buy and sell comic
books and comic-related collectable items or other items permitted by us from
time to time. We do not offer items for sale, nor are we part of any
transaction entered into between sellers and buyers. By using POWthat! you
- If you are a buyer, you are not buying directly from us, but from a seller who has listed an item for sale;
- we do not pre-screen sellers and so cannot control the quality of, or guarantee the delivery of, any items sold on POWthat!, and we are unable to verify the content uploaded to POWthat! or otherwise made available by any seller; and
- If you are a seller, we do not guarantee the ability of any buyer to pay for items you advertise for sale on POWthat!, and you are responsible for ensuring that you have presented your terms and conditions of sale to buyers in advance.
- Where a seller and buyer agree that the seller will sell an item to a buyer via POWthat!, the contract for sale shall be formed exclusively between, and fulfilled exclusively by, the buyer and the seller.
- To register for an account you must be 18 years or older and will require an email address and password. If you are under 18 you are permitted to use POWthat! provided that you are over 13 years of age and use POWthat! through an account owned by your parent or legal guardian, and only with their permission and under their supervision. Children under 13 years of age are not permitted to use POWthat!.
- Account holders are responsible for any and all use of POWthat! using their account, including activity conducted by a minor using their account.
- You agree that you will not violate any laws through your use of POWthat!, and that you will not engage in fraud, theft, anti-competitive conduct, or any unlawful acts or crimes against us or any third party. You further agree to comply with our Acceptable Use Policy at all times when using POWthat!.
- POWthat! allows you to connect with people around the world and to browse, buy and sell comic books and comic-related collectable items or other items permitted by us from time to time. We do not offer items for sale, nor are we part of any transaction entered into between sellers and buyers. By using POWthat! you understand that:
- Purchasing items on POWthat!
- Our role
- POWthat! enables you to browse, interact and transact with sellers who are selling comic books and comic-related collectables or other items permitted by us from time to time.
- We are not a
part of any transaction between you and any seller on POWthat!. Any contract
you enter into for the purchase of an item on POWthat! is between you and the
seller directly, not with POWthat!. By shopping on POWthat! you
- you are not buying directly from us but from a seller who has listed an item on POWthat!; and
- each seller has its own policies and terms and conditions relating to the selling of items on POWthat!, which include terms which apply to the processing of your order, delivery times and costs, your cancellation rights and your right to a refund.
- Purchasing an
- You must only use POWthat! to place genuine orders. Once you place an order and the seller has accepted your order, you will have entered into a legal contract with that seller and you will be required to pay for the order and comply with the seller’s terms and conditions of sale (unless there are legal grounds for terminating the contract with the seller in compliance with the seller’s terms and conditions of sale and/or applicable legislation).
- When you
purchase an item on POWthat!, you agree that you:
- have read the item’s description and the seller’s terms and conditions of sale and any other policies made available to you by the seller;
- will pay for the item using the approved payment mechanism(s) available via POWthat!;
- will provide complete and accurate delivery information to the seller; and
- you must notify the seller and POWthat! within 30 days of your order being placed if the item is not received.
- Any listings on POWthat! advertising an item for sale do not represent any legally binding commitment from the seller to enter into a contract with you. Listings of items are merely non-binding invitations to submit offers to the seller to purchase the item. When the seller has accepted your offer to purchase an item and you have accepted the seller’s terms of sale relating to that item, a legally binding contract will be formed between you and the seller.
- Requests for
cancellations and returns
- Each seller has its own terms of sale which dictate the returns and refunds options available to you. A seller’s terms and conditions of sale should be made available to you before you confirm the transaction so that you know in advance the terms and conditions which govern your contract with the seller. If you have not received any terms and conditions of sale from a seller from whom you intend to purchase an item, please contact the seller directly to request their terms and conditions of sale.
- For buyers residing in the European Union, you may be entitled to a cooling-off period of 14 days after receiving the item, during which time you may be entitled to cancel the transaction.
- Only sellers can cancel payment transactions: we have no control over this. You must contact the seller to request a cancellation or refund using our messaging function (“Messages”) if you believe you are entitled to cancel and/or receive a refund.
- Our role
- Uploading content to POWthat!
- Any content you upload to POWthat! will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to (and by uploading content to POWthat! you do) grant us a perpetual, worldwide, non-exclusive, royalty free, irrevocable, transferable, sub-licensable licence to use, display, modify, reproduce, distribute and display the content you upload or otherwise provide to POWthat!.
- We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to POWthat! constitutes a violation of their intellectual property rights, or their privacy rights.
- Communicating with other POWthat! users
- You can use Messages
to communicate directly with other users about items or orders. You must not
- to send unsolicited advertising or promotions, requests for donations or spam;
- to harass or abuse another POWthat! user;
- to contact someone after they have explicitly asked you not to; or
- to interfere with other POWthat! users’ transactions or the business of another POWthat! user.
- When using POWthat!,
you might be asked to leave a review of a product, a seller or a buyer, or to
respond to a review of a product, a seller or a buyer. Reviews and responses to
reviews may not:
- use obscene, threatening, harassing or racist language;
- contain advertising or spam;
- undermine the integrity of the review system; or
- include false or fabricated reviews or opinions (such as by having friends leave biased or inauthentic reviews; compensating third parties for providing untruthful reviews; or opening false accounts to leave positive reviews), or otherwise falsely inflate a review score.
- You can use Messages to communicate directly with other users about items or orders. You must not use Messages:
- Any payments made to sellers or refunds to buyers via POWthat! will be processed by the third-party payment provider we use from time to time (“Payment Provider”). Payments can be made using a credit or debit card or other methods made available by the Payment Provider from time to time. For card payments, you will be providing your card information directly to the Payment Provider which operates a secure server to process your encrypted payment details. We will not receive your payment information.
- By using POWthat! to purchase or receive payment for items being sold on POWthat!, you accept the Payment Provider’s terms and conditions and acknowledge that they constitute a legally binding contract between you and the Payment Provider. The Payment Provider’s terms and conditions are available at [CHC to insert link to Mangopay payment terms].
- In addition to the other terms and
doubt, if you are only using POWthat! to browse or as a buyer, the Seller Terms
do not apply to you.
- What can be sold on POWthat!?. Buyers visit POWthat! to purchase comic books and comic-related collectables (or other items that we permit to be sold on POWthat! from time to time) that they may not be able to find elsewhere. Every item listed for sale must be a genuine item, counterfeit items must not be sold on POWthat!.
- Items that violate any third party intellectual property rights may be removed without notice, and we reserve the right to suspend or terminate, in our absolute discretion and without any liability whatsoever, any seller account which attempts to list or sell counterfeit items (or any other item which infringes the intellectual property rights of any third party or our Acceptable Use Policy) on POWthat!.
- Listing Transparently. By registering for a seller account on POWthat!, you
agree that you will:
- provide honest and accurate information on in respect of yourself, including how buyers can contact you and, if you are a business seller, the name and registered address of your business and your registered VAT (or local country equivalent) number;
- accurately represent your items by the descriptions and photos contained in your listings;
- not infringe the intellectual property or privacy rights of others;
- provide prospective buyers with your terms and conditions of sale before confirming the sale of an item via POWthat!;
- comply with, and ensure that your terms and conditions of sale comply with, all laws and regulations applicable to your use of POWthat! and to the sale of your items to buyers (including, without limitation, compliance with the Consumer Rights Act 2005 and the Consumer Contracts Regulations 2013);
- not deceive or mislead other POWthat! users;
- not coordinate pricing with other sellers.
- Privacy and Data Protection.
- When you sell or list for sale items on POWthat! you may receive personal data (such as users’ name, address and shipping address) and you may determine what to do with the personal data you receive (e.g. communicate with buyers and enter into transactions with them). Under data protection laws, this means that you are an independent controller of any personal data you receive from users of POWthat!.
- As a data controller, you have responsibilities to comply with applicable data protection laws (including the General Data Protection Regulation); to protect the user personal data you receive or process; and to ensure you are using such personal data lawfully.
- You must ensure that you do not disclose or share any personal data you obtain (whether directly or indirectly) through your use of POWthat! without having a lawful basis to do so. You will be responsible for any unlawful or unauthorised disclosure (including accidental loss of or access to personal data). To avoid this, you must ensure that any personal data you obtain is only used to facilitate transactions and fulfil contracts you enter into with buyers using POWthat!.
- You are responsible for ensuring that you do not use personal data for sending unsolicited communications or unauthorised transactions and you must not, without the explicit consent of the individual(s) to whom such personal data relates, add the user to any mailing list, identify them for marketing, or retain any payment information. Please be aware that you are solely responsible for determining the appropriate means of obtaining consent in accordance with the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679, and/or the Privacy and Electronic Communications (EC Directive) Regulations 2003, and/or any other applicable legislation from time to time in the country in which you are based.
- You will be responsible for protecting any user personal data that you receive or process in relation to your use of POWthat!, and you agree to comply with all applicable legal requirements, including (without limitation) the implementation of appropriate technical and organisational measures for the processing of any personal data you process as a result of your use of POWthat!.
Service. We have high
standards and we want
to promote an expectation of excellent customer service. By using POWthat! to
advertise for sale and sell your items, you agree to:
- ensure that you meet dispatch times (note that legal requirements for dispatch times will vary from country to country) and to complete transactions efficiently;
- honour any commitments, promises or bargains made with the buyer;
- treat buyers and fellow POWthat! users with respect and courtesy, and maintain trust and confidence in the service you are offering using POWthat!.
for cancellations and returns
- Please be aware that each country has its own laws surrounding delivery, cancellations, returns, and refunds. It is your responsibility to familiarise yourself with the laws of your own country and those of your buyers’ countries, and to ensure that your terms and conditions of sale comply with legislation applicable to any sales you make using POWthat!. To the extent compatible with a seller’s and relevant buyer’s laws of their countries (particularly clause 14.3 below) or otherwise agreed under the relevant contract for sale between a seller and a buyer, you agree that the seller will pay for return postage if an order is received by a buyer damaged, faulty, or doesn’t match the seller’s description and the buyer will pay for return postage if returning an order because the buyer changed their mind.
- If you cannot fulfil an order you must immediately notify the buyer via Messages and cancel the transaction. In that case or if your order fails to be delivered and you cannot prove that it was delivered and received by the buyer, you must then provide a full refund to the buyer, if payment has been submitted, and you will be solely responsible for ensuring that any third-party payment provider provides such a refund to the buyer.
- Any buyers within the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason.
- We encourage you to resolve disputes directly with buyers. It is important for you to ensure that you maintain up to date policies and efficiently respond to Messages.
- Subscription Fees.
- Sellers must pay subscription fees in order to use POWthat! (“Fees”). The Fees you are required to pay will depend on your annual usage of POWthat!, and the different subscription fee options will be made available to you to choose from at the point at which you sign-up for a seller account.
- Fees are payable monthly in advance and will be subject to the payment by the Seller of commission, at the rates specified in relation to your chosen subscription fee option.
- In the event that a monthly payment of Fees is late by 7 days or more, we reserve the right to suspend or terminate your account until we receive payment in full, in our sole discretion. We will notify you of your late payment and give you a reasonable time to pay before we suspend or terminate your account.
- Except as set out below, you are solely responsible for collecting and paying any applicable taxes relating to any sales or purchases you make through your use of POWthat!, and you undertake to us that you will register if needed to pay all applicable taxes before using POWthat! as a seller. For the USA in particular, we will help collect and remit goods and services tax in the USA by calculating, collecting, and remitting sales tax where we consider applicable and you cannot opt out of this service. However, we cannot provide tax advice and you must obtain and take that yourself.
- Charge Backs.
- We will be liable to pay to the Payment Provider any charges issued by the Payment Provider to us, where any payments processed on behalf of our users are rejected, incomplete, or otherwise fail (“Charge Backs”). You indemnify us fully in relation to any such Charge Backs which relate to any sales or attempted sales by you of items on POWthat!. Such Charge Backs will be notified to you and added to your invoice on a monthly basis.
- In the event that we require you to pay security to us in accordance with clause 17.2, you acknowledge that we will be entitled to use such security to set-off any Charge Backs related to your account, and/or hold such security in our account until you close your account, at which time we shall refund such security payment to you (provided no Charge Backs or other Fees are still to be paid by you to us at this time).
- Any Fees or security for Charge Backs paid to us via our Payment Provider will be held separately by the Payment Provider in a ring-fenced account in compliance with applicable financial laws, regulations, and codes, in the country in which the Payment Provider is licensed to provide e-money services to us.
- You understand that POWthat! is provided “as is” and that we give no warranty (express or implied) in relation to POWthat! or your use of POWthat!. We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any other warranties implied by statute, to the maximum extent permitted by law.
- We do not warrant that POWthat! will be secure, uninterrupted, or free from bugs or viruses.
- Limitation of Liability
- WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
- DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO YOUR USE OF POWTHAT!, DEPENDING ON WHETHER YOU ARE A CONSUMER OR A BUSINESS USER (ALTHOUGH CLAUSE 20.1 WILL ALWAYS APPLY).
- IF YOU ARE USING POWTHAT! AS A CONSUMER, PLEASE NOTE THAT WE ONLY PROVIDE POWTHAT! FOR DOMESTIC AND PRIVATE USE. YOU AGREE THAT YOU WILL NOT USE POWTHAT! FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND THAT WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY, OR FOR ANY EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT BETWEEN US.
- IF YOU ARE USING POWTHAT! AS A BUSINESS USER, WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO YOUR USE OF POWTHAT!. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, POWTHAT!, OR THE USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON POWTHAT!.
- IN PARTICULAR, IF YOU ARE A BUSINESS USER, WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF SALES, BUSINESS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
- OUR TOTAL LIABILITY FOR ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT BETWEEN US, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF: I) THE AMOUNT OF FEES PAYABLE TO US BY YOU IN THE 12 MONTHS PRIOR TO EVENT GIVING RISE TO LIABILITY; OR II) £100.
- IF YOU ARE A BUSINESS USER, YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY LOSS, DAMAGE, PENALTY, OR OTHER COSTS, INCLUDING OUR REASONABLE LEGAL FEES, RESULTING FROM ANY CLAIM MADE AGAINST US BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF POWTHAT!.
- If you are in a dispute with another user of POWthat!, we encourage you to resolve the issue between yourselves. Complaints about a specific seller or item must be directed to the seller concerned using the contact details provided within the order confirmation email received.
- We may, for the benefit of users, try to help users resolve disputes, at their request. We do so in our absolute discretion, and you acknowledge that we have no obligation to resolve disputes between users or between users and third parties. To the extent we assist in resolving any dispute between a buyer and a seller, our determination and decision and enaction on method of resolution (e.g. by refund or otherwise) in respect of that dispute is agreed by you to be final and binding but without any liability to POWthat! and without limiting your rights under any applicable law and you authorise us to effect any method resolution on your behalf.
- If your dispute relates to transactions completed by the Payment Provider, we will not be able to assist you or intervene, and all disputes related to financial transactions should be raised directly with, and will ultimately be determined by, the Payment Provider.
- If you have a dispute with another POWthat! user and you have exhausted all resolution options made available to you by the seller or otherwise through POWthat!, please refer to the European Online Dispute Resolution Platform for further assistance.
- YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, COSTS OR DAMAGES OF ANY KIND ARISING OUT OF DISPUTES BETWEEN YOU AND ANY OTHER POWTHAT! USER.
- Terminating your POWthat! account
- If you wish to terminate your POWthat! account, you may do so at any time by contacting us or deleting your account from your account settings. You will not be entitled to a refund for any pre-paid subscription fees where you terminate your account before the end of the current subscription period.
- You will still have to honour any contracts you have already entered into using POWthat! prior to the date of termination.
- We reserve the right to charge you the equivalent of any item you have committed to sell or purchase via POWthat! but have not yet delivered or paid for prior to the date of termination.
- Some of the content you have uploaded to POWthat! will not be deleted upon termination of your account and may remain visible on POWthat! in our absolute discretion.
- Communications between us
- If you wish to contact us for any reason, you can do so by e-mail at firstname.lastname@example.org.
- Other important terms