Terms & Conditions Lovebrocante.com

1. LoveBrocante Limited Terms & Conditions

This document and the other documents that we reference below make up our house rules

Accepting This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use.

The Terms are a legally binding contract between you and LoveBrocante limited. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Lovebrocante.com, and the other services provided by Lovebrocante Limited By using any of our Services.

If you don’t agree with the Terms, you may not use our Services.

2. House rules for buyers, sellers and third parties.

Lovebrocante.com’s Services connect people around the world, both online and offline, to buy and sell unique goods. Please find a guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone.
If you use any of our Services, you agree to these Terms, our Privacy policy, and our anti-discrimination policy.

Our House Rules for Sellers.
If you list any items for sale through our Services, these policies apply to you.

Our House Rules for Buyers.
If you use our Services to browse or shop, these policies apply to you.

Our house rules for third parties.
These policies apply to:
• Intellectual property owners
• Anyone requesting information from LoveBrocante Limited.
• Lovebrocante Limited API users
• Affiliates

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our privacy policy details how your information is used when you use our services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the privacy Policy.

Both Lovebrocante Limited and seller’s personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Lovebrocante.com, will be responsible for that unauthorised disclosure. 

If, however, Lovebrocante Limited and sellers are found to be joint data controllers of buyers’ personal information, and if Lovebrocante.com is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Lovebrocante.com for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to Lovebrocante Limited

4. Your Account with Lovebrocante.com

You’ll need to create an account with Lovebrocante.com to use some of our Services. Here are a few rules about accounts with LoveBrocante.com:

A. You must be 18 or older to use our Services. 
Minors under 18 and at least 16 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 16 are not permitted to use Lovebrocante.com or the Services. You are responsible for any and all account activity conducted by a minor on your account.

B. Be honest with us. 
Provide accurate information about yourself. It’s not acceptable to provide false information or impersonate another person or company through your account.

C. Choose an appropriate name. 
If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You are responsible for your account. 
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable.

E. Protect your password. 
you are solely responsible for any activity on your account, so it’s vital to keep your account password secure.

F. Relationship agreement.
These terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and LoveBrocante Limited.

5. Your Content

Content that you post using our Services is your content We don’t make any claim to it. That includes anything you post using our Services.

A. Responsibility for Your Content. 
You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content.
By posting your content through Lovebrocante.com, you grant LoveBrocante Limited a license to use it. We will not claim any ownership to your Content, but we have your permission to use it to help Lovebrocante Limited function and grow. We won’t infringe any rights you have in your content.

C. Rights you grant LoveBrocante Limited.
By posting your content, you grant Lovebrocante Limited a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide the Services and to promote LoveBrocante Limited your LoveBrocante.com shop, or the Services in general, in any formats and through any channels, including across any LoveBrocante Limited Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with this license, to the extent your content contains any personal information.

Please find examples: if you upload a photo of a listing on your LoveBrocante.com shop, first, we have permission to display it to buyers, and second, we can format it so it looks good to a buyer using a mobile app; if you post a description in English, we can translate it into French, German, Spanish, Danish or any other language so a buyer elsewhere can learn the story behind your item, we can also change any errors you may have made whilst supplying your description; and if you post a beautiful photo of your latest antique item, we can feature it on our homepage, in one of our blogs, social media pages, or even on a poster to help promote your business and Lovebrocante Limited

D. Reporting Unauthorised Content. 
Lovebrocante.com has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to Lovebrocante limited Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive adequate notice

E. Inappropriate, False, or Misleading Content. 
This should be common sense, but there are certain types of content we don’t want posted on Lovebrocante.com’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our terms. You agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. 
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your online shop requires; you may not sell anything that violates any laws; you must comply with our sanctions policy and do not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against LoveBrocante Limited, another Lovebrocante.com user, or a third party.

B. Pay Your Bills. 
You are responsible for paying all fees that you owe to LoveBrocante Limited

You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

C. Don’t Steal Our Stuff. 
You agree not to crawl, scrape or spider any page of the services or to reverse engineer or attempt to obtain the source code of the services.

D. Don’t harm our systems. 
You agree not to interfere with or try to disrupt our services, for example by distributing a virus or other harmful computer code.

E. Follow Our Trademark Policy. 
The name “Lovebrocante.com” and the other Lovebrocante.com marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Lovebrocante.com in the UK and other countries. If you’d like to use our trademarks, please contact us for a request.

F. Share Your Ideas. 
We LOVE your suggestions and ideas! They can help us improve your experience and our services. Any unsolicited ideas or other materials you submit to Lovebrocante.com (not including your content or items you sell through our services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Get in touch online. 
Lovebrocante.com will provide you with legal information in writing. By using our services, you’re agreeing to our electronic communications policy, which describes how we provide that information to you. It says that we can send you information electronically, instead of mailing your paper copies, your electronic agreement is the same as your signature on paper.

H. Consumer Rights.
It is your duty, as either buyer or seller, to understand your consumer rights when using LoveBrocante’s services. In the UK this would mean being aware of – and complying with – the Consumer Rights Act 2015 and associated laws, including the UK Government Online & Distance Selling Regulations. It is the sole responsibility of both buyers and sellers outside the UK to be aware of – and comply with – those laws which apply to your locality, as well as any international laws which may apply. All returns policies of Lovebrocante.com sellers must ensure that they abide within the appropriate legal framework and it the duty of all sellers to familiarise themselves with these legalities.

7. Termination

Terminate your account with LoveBrocante by providing one month’s notice in writing via post or email. Terminating your account will not affect the availability of some of the Content that you posted through the Services prior to termination. Any outstanding bills with Lovebrocante must be settled in full.

Termination by Lovebrocante.com. 
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Lovebrocante limited may refuse service to anyone, at any time, for any reason.

We may terminate or suspend your account and any other related accounts, and your access to the Services at any time, for any reason, and without advance notice.

If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. LoveBrocante.com has the right to refuse service to anyone, at any time, for any reason.

If you or Lovebrocante.com terminate your account, you may lose any information associated with your account, including your content.

We May Discontinue the Services.
Lovebrocante.com reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and limitation of liability

Items You Purchase.
You understand that LoveBrocante.com does not manufacture, store, or inspect any of the items sold through our Services. We provide the online venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Lovebrocante.com can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release LoveBrocante.com from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury, such as product liability claims.

Content on LoveBrocante Limited
You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through our services. Lovebrocante Limited is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content.

People You Interact With. 
You can use the Services to interact with other individuals, either online or in person. You release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. 
Our services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Lovebrocante Limited s not a party to those agreements; they are solely between you and the third party.

Warranties. 
Lovebrocante.com is dedicated to making our services the best they can be, but sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:
(i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. 
To the fullest extent permitted by law, neither Lovebrocante.com, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of, or in connection, with the Services or these Terms. In no event shall LoveBrocante Limited, aggregate liability for any damages. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

We hope this never happens, but if Lovebrocante.com gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Lovebrocante.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable solicitors fees) that arises from your actions, your use (or misuse) of our services, your breach of the terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us, so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of Lovebrocante Limited Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

If you find yourself in a dispute with another user of Lovebrocante Limited Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. LoveBrocante.com will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, at our sole discretion; we will not make judgments regarding legal issues or claims. Lovebrocante.com has no obligation to resolve any disputes.

Release of Lovebrocante Limited
You release Lovebrocante.com from any claims, demands, and damages arising out of disputes with other users or parties.

11. Changes to the terms

We may update these terms from time to time. If we believe that the changes are material, we will let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the services. changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated terms.

12. Some Fine Legal Points

The Terms, including all the policies that make up the Terms, supersede any other agreement between you and LoveBrocante.com regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the terms. We may assign any of our rights and obligations under the terms.

13. Contact Information

If you have any questions about the terms, please email us at: info@lovebrocante.com