Website terms

Background

These Terms and Conditions apply as between you, the User of this Website and Lab Merchant, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

  1. Definitions and Interpretation

  2. In these Terms and Conditions, the following terms shall have the following meanings:

    “Account”
    means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads, to host an Auction or to enquire about or bid on items advertised on the Website;
    “Ad”
    means a For Sale Ad or a Wanted Ad;
    “Advertiser”
    means a User that wishes to place or has placed an Ad or that wishes to host or has hosted an Auction on the Website;
    “Auction”
    means an auction taking place on this Website;
    “Auction Listing”
    means an advertisement posted on this Website by an Auction Seller which sets out details of an item which is the subject of an Auction;
    “Auction Seller”
    means a User that lists an item for sale on the Website through an Auction;
    “Bidder”
    means a User that places a bid on an item that is for sale by way of an Auction;
    “Content”
    means any text, graphics, images, audio, video, software, code, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
    “For Sale Ad”
    means a “for sale” advertisement posted on the Website by an Advertiser which sets out details of the item or service offered for sale by the Advertiser;
    “For Sale Ad Fee”
    means the fee payable to post a For Sale Ad;
    “Lab Merchant”
    means Lab Merchant Limited, a company incorporated in England with registered number 8166221, whose registered office is at 2 Royal College Street, London NW1 0NH;
    “Service”
    means collectively any online facilities, tools, services or information that Lab Merchant makes available through the Website from time to time;
    “Subscription Plan”
    means a monthly or annual subscription plan as described in further detail in Clause 10 below;
    “System”
    means any online communications infrastructure that Lab Merchant makes available through the Website from time to time. This includes, but is not limited to, Ads, Auctions, Subscription Plans, email alerts and online forms;
    “User” / “Users”
    means any third party that accesses the Website and is not employed by Lab Merchant and acting in the course of their employment;
    “Wanted Ad”
    means a “wanted” advertisement posted on the Website by a User specifying a description of an item which the User wishes to purchase; and
    “Website”
    means the website that you are currently using (http://www.labmerchant.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  3. Intellectual Property

  4. 2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Ads or Auction Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Lab Merchant, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

    2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Lab Merchant. Specifically you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Lab Merchant.

  5. Third Party Intellectual Property

  6. 3.1 The intellectual property rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads and the Intellectual Property Rights subsisting in the Content of Auction Listings belong to the Sellers who created those Auction Listings, unless (in either case) it is expressly stated otherwise.

    3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

    3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.

  7. Fair Use of Intellectual Property

  8. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  9. Links to Other Websites

  10. This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of Lab Merchant or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  11. Links to this Website

  12. Those wishing to place a link to this Website on other sites may do so without Lab Merchant’s prior permission.

  13. Advertising and Selling an Item on the Website

  14. 7.1 When submitting an Ad to or creating an Auction Listing on the Website you should do so in accordance with the following rules:

    7.1.1 you must not use obscene or vulgar language;

    7.1.2 your Ad or Auction Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

    7.1.3 your Ad or Auction Listing may not contain Content that is intended to promote or incite violence;

    7.1.4 your Ad or Auction Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Advertisers, Sellers, Bidders or Users;

    7.1.5 your Ad or Auction Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

    7.1.6 Ads or Auction Listings which relate to items or services outside the laboratory, scientific, medical, process, electronic, test or semiconductor industries are not permitted and may be removed from the Website;

    7.1.7 you must not post links to other Websites containing any of the above types of Content;

    7.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

    7.1.9 your Ad or Auction Listing must be placed into the appropriate category;

    7.1.10 you must not impersonate other people or businesses;

    7.1.11 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

    7.1.12 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

    7.2 Lab Merchant does not screen or pre-approve any Ad or Auction Listing submitted to the Website; however on notification from Users we may examine Ads and Auction Listings and such Ads and Auction Listings may be edited and/or removed from the Website.

    7.3 Lab Merchant may edit your Ad or Auction Listing to comply with the provisions of sub-Clause 7.1 without prior consultation with you. Ads, Auction Listings and specific Content may be removed from the Website at Lab Merchant’s sole discretion. In cases of severe breaches of the provisions of sub-Clause 7.1, your Account may be suspended or terminated. You will not be informed of the reasons for any such alterations or removals.

    7.4 In order to post an Ad or create an Auction Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:

    7.4.1 any information you submit is accurate and truthful; and

    7.4.2 you will keep this information accurate and up-to-date.

    7.5 By posting an Ad or an Auction Listing you warrant and represent that you are the author of that Ad or Auction Listing (as applicable) or that you have acquired all of the appropriate rights and/or permissions to submit it. Lab Merchant accepts no responsibility or liability for any infringement of third party rights by such Ads or Auction Listings or Content. Further, you waive all moral rights in the Ad or Auction Listing (as applicable) to be named as its author and grant Lab Merchant a perpetual licence to modify the Content as necessary for its inclusion on the Website.

    7.6 Lab Merchant will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads or Auction Listings, nor for any errors or omissions in Ads or Auction Listings. Use of and reliance upon Ads and Auction Listings is entirely at your own risk.

    7.7 Nothing in these Terms and Conditions shall grant Lab Merchant any rights in or to any trade marks or any other intellectual property rights contained within your Ad(s) or your Auction Listing(s) or any part of it or them, save for the right to display the same on the Website until you or Lab Merchant choose to remove such Ad(s) or Auction Listing(s).

    7.8 You acknowledge that Lab Merchant may retain copies of any and all communications, information, Content, Ads and Auction Listings sent to us or submitted to the Website.

  15. Accounts

  16. 8.1 In order to post an Ad, purchase a Subscription Plan or host an Auction on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:

    8.1.1 all information you submit is accurate and truthful; and

    8.1.2 you will keep this information accurate and up-to-date.

    8.2 Sharing of Accounts is not permitted unless expressly authorised in writing by Lab Merchant. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.

    8.3 If you wish to terminate your Account, please contact us by email at admin@labmerchant.com. On notification that you wish to terminate your account, we will use reasonable endeavours to close your Account as soon as reasonably practicable.

  17. For Sale Ads and Wanted Ads

  18. 9.1 A For Sale Ad Fee will be charged for each For Sale Ad you post on this Website. For Sale Ads which have been created but for which the User has not paid the For Sale Ad Fee will not be visible on the Website. For Sale Ad Fees are detailed here.

    9.2 Wanted Ads do not require the payment of an Ad Fee.

    9.3 Lab Merchant reserves the right to change For Sale Ad Fees and to introduce a fee for Wanted Ads from time to time.

    9.4 Users may create multiple Ads through their Account. Each new For Sale Ad will incur the standard For Sale Ad Fee. Alternatively, Users may purchase a Subscription Plan, which entitles the User to create a certain number of For Sale Ads without payment of an additional fee (see Clause 10 below).

    9.5 If you terminate an Ad, Lab Merchant will remove your Ad from the Website as soon as reasonably practicable.

  19. Subscription Plans

  20. 10.1 Users may purchase a Subscription Plan, which entitles the User to certain prescribed Services (such as a certain number of For Sale Ads) for a monthly or an annual fee. Details of the current Subscription Plan packages are set out here.

    10.2 Lab Merchant reserves the right to alter the terms and description of the Subscription Plans from time to time.

    10.3 Users may terminate a Subscription Plan by giving one month’s written notice to Lab Merchant by email to admin@labmerchant.com.

  21. Auctions

  22. 11.1 A commission fee of 20 per cent will be charged on the final sale price for each item that an Auction Seller sells by way of Auction on this Website.

    11.2 Lab Merchant is not responsible for the Content of Auction Listings and will not be liable in any way or under any circumstances for any loss or damage that any User may incur as a result of any such Auction Listings, nor for any errors or omissions in such Auction Listings. Use of and reliance upon Auction Listings is entirely at a User’s own risk.

    11.3 Bidders may bid on any item at any time during an Auction.

    11.4 A bid is generally an irrevocable offer made by a Bidder to an Auction Seller to buy the item that is the subject of the Auction.

    11.5 Bidders are responsible for ensuring that they have sufficient funds available to cover their bid(s).

    11.6 Bidders are required to conduct their own research and due diligence. All items are sold on an “as is” basis.

    11.7 If a Bidder’s bid is the highest bid on an item at the end of an Auction and is above the Auction Seller’s reserve price (if any), that bid shall be deemed to have been accepted by the Auction Seller, creating a legally binding contract between the Bidder and the Auction Seller under which the Bidder is obliged to purchase the item at the price of their winning bid and the Auction Seller is obliged to sell the item for the same.

    11.8 All Bidders and Auction Sellers shall be entitled to enforce the provisions of these Terms and Conditions and may pursue legal remedies against one another for non-performance of any of their respective obligations hereunder.

    11.9 Payment for items may be made by the following methods:

    11.9.1 Credit/debit card;

    11.9.2 Bank transfer

    11.10 Auction Sellers shall be under no obligation to release any items to Bidders until they have received any and all sums due in cleared funds. Auction Sellers may release items prior to receipt of monies due but do so entirely at their own risk.

    11.11 Legal title in and to items shall transfer to Bidders only upon receipt of any and all sums due by Auction Sellers, notwithstanding early transfer of possession under Clause 11.10.

    11.12 Bidders may, in limited circumstances, have a legal right to return Items to Sellers. Any returns must be completed within the agreed number of days of delivery or collection. Refunds will be processed only upon receipt of the returned Item by the Seller.

    11.13 Users acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to this Website or any transactions completed through it.

  23. Termination and/or Suspension

  24. In the event that any of the provisions of these Terms and Conditions are not followed, Lab Merchant reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

  25. Privacy and Cookies

  26. Use of the Website is also governed by our Privacy policy and our Cookies policy which are incorporated into these terms and conditions by this reference. To view the Privacy policy please click here. To view the Cookies policy please click here.

  27. Disclaimers

  28. 14.1 Lab Merchant makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

    14.2 Lab Merchant has neither control over, nor involvement in, any items or services advertised by Advertisers on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Advertisers.

    14.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Lab Merchant makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

    14.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

    14.5 Lab Merchant makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.

    14.6 Whilst every effort has been made to ensure that all descriptions of services available from Lab Merchant correspond to the actual services available, Lab Merchant is not responsible for any variations from these descriptions.

    14.7 Whilst Lab Merchant uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  29. Availability of the Website and Modifications

  30. 15.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    15.2 Lab Merchant accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

    15.3 Lab Merchant reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  31. Limitation of Liability

  32. 16.1 To the maximum extent permitted by law, Lab Merchant accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

    16.2 Nothing in these terms and conditions excludes or restricts Lab Merchant’s liability for death or personal injury resulting from any negligence or fraud on the part of Lab Merchant.

    16.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

  33. No Waiver

  34. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  35. Previous Terms and Conditions

  36. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  37. Third Party Rights

  38. Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Lab Merchant.

  39. Communications

  40. 20.1 All notices/communications shall be given to us either by post to our registered office (Lab Merchant Limited, 2 Royal College Street, London NW1 0NH) or by email to admin@labmerchant.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

    20.2 Lab Merchant may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the “Unsubscribe” link in any email that you receive from us.

  41. Law and Jurisdiction

  42. These terms and conditions, any non-contractual obligations arising out of or in connection with them and the relationship between you and Lab Merchant shall be governed by and construed in accordance with the laws of England and Wales. You and Lab Merchant agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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Questions? Contact us

Lab Merchant Limited

2 Royal College Street
London, NW1 0NH
United Kingdom

admin@labmerchant.com
www.labmerchant.com