Terms & Conditions

DEFINITIONS

The following definitions are used in these terms and conditions:
1.1 “The Company” means Lawfolios Limited
1.2 “The Customer” means and includes both :
(i) parties who advertise on the Website (“the Seller”); and
(ii) parties who resort to the Website to view and with a view to buying and/or buy items there listed for sale (“the Buyer”),
as the case may be.
1.3 “the Data” means data stored by the Company and/or provided by a Seller (including, without limitation, items and their details, listed on the Website for sale).
1.4 “the Website” means the website maintained by the Company and accessible to the public at large from time to time.

2. GENERAL
The following general provisions apply to these terms and conditions save where the context otherwise admits:
2.1 References to the singular includes the plural and vice versa.
2.2 References to him includes references to her and them and vice versa
2.3 References to any Act of Parliament includes any amendment or re-enactment of the same from time to time.
2.4 References to the Company or to a Customer or to a Seller or a Buyer shall (save where the context otherwise admits) include and incorporate references to their respective officers, employees and lawfully authorized agents.
2.5 These terms and conditions shall not be read contra proferentem as regards the Company.
2.6 In the interpretation of these terms and conditions section headings are to be ignored.

PLACING AN ADVERTISEMENT
3.1 The Company has a complete and unfettered discretion to refuse to accept or permit advertisements to appear or remain on the Website and is under no duty to explain to Sellers (or Buyers) its reasons for exercising that discretion.
3.2 Sellers wishing to place an advertisement on the Website must follow the procedures set out on the Website from time to time. They must also pay any fees prescribed on any successful sale (whether in whole or in part).
3.3 Sellers listing items on the Website are advertising them for sale to the public at large. Subject to any specific provisions appearing in a Sellers’ advertisement for sale, a sale is concluded by a Buyer purchasing the item concerned via the procedures on the Website (or by any other means).
3.4 Unless otherwise specifically stated in an advertisement, prices mentioned are in pounds Stirling (GBP).
3.5 VAT and other sales taxes: Sellers listing items for sale which are liable to the imposition of VAT or other sales taxes must make this clear expressly in their advertisements. In default of so doing Buyers are entitled to receive the items at the price stated or agreed and the Seller undertakes to pay any applicable VAT or other sales tax themselves forthwith.
3.6 In default of express provision in the listing of items for sale it will be deemed that items are offered on the basis that the Buyer will collect them at their own expense from the Seller’s stated address and that reasonable facilities will be given as to the time and manner of such collection.

MAKING A PURCHASE
4.1 Items are offered on the Website for sale and upon clicking to purchase Buyers will be contractually bound (or if any offer from a Buyer is accepted in some other way by the Seller).
4.2 Making an offer for items listed on the Website for sale can only be made by following the procedures prescribed for so doing on the Website from time to time.
4.3 In default of express provision in the listing of items for sale it will be deemed that items are offered on the basis that the Buyer will collect them at their own expense from the Seller’s stated address and that reasonable facilities will be given by the Seller to the Buyer as to the time and manner of such collection.

DATA
5.1 The Seller shall ensure that any Data is as accurate as possible and it is for the Seller to check that the Data (or its use) will not cause damage, offence, difficulty or inconvenience to the Company, Customers or third parties who may use or be affected by the use of the Data.
5.2 Further, Sellers providing or Buyers or others using Data shall indemnify the Company against all loss, damage, costs or other liability (including by reason of negligence) howsoever arising from the said provision, downloading or use of the Data.
5.3 The Company:
(i) Accepts no responsibility to Customers or anyone else for the accuracy of the Data or for its use.
(ii) Is not obliged to take steps at the request of a Customer or anyone else to provide additional protection for or remove the Data provided by a Seller, which shall be the sole responsibility of the Seller by means of altering their own Data or deleting or amending the Data themselves through such means as the Company and/or the Website may provide from time to time..
(iii) (Subject to §9 below) shall take all reasonable steps (to industry standards at the time of listing but not otherwise or additionally) to protect the Data from interference by persons who are not the Seller but always subject to the Seller taking such steps as the Company reasonably requires (to be assessed in the Company’s sole discretion) to provide evidence that they were not the cause or facilitators (directly or indirectly) of such interference (e.g. by disclosing their password).
5.4 The Data must not be reproduced without the prior written consent of the Company save that this does not prevent:
(i) Use by the Seller
(ii) Use consistent with the purpose for which the Seller provided the Data.

FEES
6.1 Where a sale occurs of an items or items listed on the Website the Seller shall immediately become liable to the Company for its fees – whether or not the sale came about through a purchase using the procedures laid down on the Website but always provided that the sale was effectively caused or brought about by the listing of the items on the Website.
6.2 The fees charged by the Company for services to Sellers are set at the present time at 7.5% of the sale price of items (plus vat or other sales taxes – see §6.5 below – and payment processing fees). The fees charged by the Company may be varied by it from time to time in its sole discretion and shall apply as from notification of the change published on the Website.
6.3 Payment of fees must be via the Company’s Website or such other means as it shall publish from time to time on the Website and no other means will be accepted by the Company.
6.4 Fees shall be paid only in the currency identified for payment for any particular services provided by the Company on its Website from time to time and in default shall be paid in pounds sterling.
6.5 VAT will be added to all fees where applicable. The Company will only send vat invoices by email to an email address provided to the Seller. It is up to Customers to account for or reclaim vat or other sales or similar taxes if they are obliged or able to do so. For Sellers in the European Union with a vat registration number this must be provided at the same time as any fees are paid since in default they are to be treated for vat purposes as consumers. The Company is under no obligation to provide amended invoices where there is belated provision of a vat registration number.

7. COMMUNICATION
7.1 All communication with the Company shall be exclusively by email or such other method as the Company may publish on the Website from time to time.
7.2 The Company shall exclusively comply with its obligations (if any) to communicate with Customers by emailing them at any one email address that it holds for them (such email being deemed received 1 hour after dispatch whether the same bounces back as undelivered or not). In addition the Company may communicate in its discretion by any other means it considers appropriate.

8. ABUSIVE REGISTRATIONS – GENERAL
The Company is committed preventing its services being used in a manner which may or will cause offence on religious, ethnic, sexual or other discriminatory grounds – Customers and anyone else are invited to inform the Company as soon as possible if they have grounds for believing such use is occurring. The Company shall be the sole judge as to whether offence may or will be caused on the above or any other grounds.

9. MISCELLANEOUS
9.1 The Company reserves the right to unilaterally (and without notice) suspend the provision of its services in whole or in part without compensation if it is ordered to do so by a court of competent jurisdiction or the Company decides in its absolute discretion that it should do so to further its commitments in §§5 & 8 above or by reason of conflict, strife or civil disturbance.
9.2 The Company is registered in England & Wales and is subject to the laws of England & Wales. The Company will comply with all such laws and judicial orders in operation in England & Wales. It is hereby agreed by Customers that the Company is exonerated from all liabilities howsoever arising from so complying or its obligations arising or imposed by any court of competent jurisdiction (and in the event of conflict between its obligations in respect of the laws or judicial order in England & Wales and those of another competent jurisdiction, those of England & Wales will prevail).
9.3 In the event that the Company is involved in any manner whatsoever in any civil or other dispute relating to an item being listed for sale on its Website, downloading or use of Data or otherwise howsoever, the Seller who provided the Data and/or the Buyer or third party who downloaded or used the Data shall be jointly and severally liable to indemnify the Company for any damages or other sum it is ordered to pay and/or the cost of complying with any order together with its reasonable legal and other costs and expenses (including the cost of time expended by its officers servants or agents regardless of the level of any allowable witness expenses) arising from that involvement and shall pay the Company’s invoices relating to the same and each of them forthwith upon receipt and the same shall carry interest at 8%pa calculated on a daily basis from the invoice date until payment is received with quarterly rests. For the avoidance of doubt the Company is entitled to charge all or any such sums arising and/or due from time to time against the credit card account details of the relevant Seller (if the Seller be the party with the liability).

9.4 Subject as above, all questions concerning the relations and dealings between the Company and any Customer or other party (including the meaning and effect or these terms and conditions) shall be determined exclusively pursuant to the laws of England & Wales and jurisdiction to make that determination is exclusively vested in the courts of England & Wales. All contractual arrangements between the Company and a Customer are deemed to have been entered into in England.
9.5 These terms and conditions form the entire agreement between the Company and its Customers save that in their interpretation and construction consideration shall be had to the commercial interests of the Company and its mode of dealing with its Customers generally.
9.6 The liability of the Company for any breach of these terms and conditions or for imperilling or loss or release of Data in respect of all or any occasions in relation to any one advertisement on the Website shall not exceed the fees to be paid if the sale had been concluded (or was concluded) and shall in any event not exceed £250.
9.7 Due to administration costs of organising payments the Company shall not be obliged to repay any sum of £25 (or its equivalent in any currency) or less for any liability arising under the immediately preceding clause whether caused by failure of the contract between the Customer and the Company or for any other reason whatsoever (including negligence) and whether the sums involved represent a payment for damages, costs, interests or suchlike.
9.8 It is not a breach of these terms and conditions or any other of the Company’s arrangements with Customers to allow full public access to the Data meant by Sellers to be published on the Website and the Company shall be under no liability to its Customers if such data remains on the Website from the time while the Seller seeks to have it removed from the Website until such time as it is removed.
9.9 In the event that any part or parts of these terms and conditions are declared void or unenforceable by a court of competent jurisdiction it shall not affect the continuing applicability or enforceability of the rest or remainder of these terms and conditions.
9.10 The Company shall be entitled to amend these terms and conditions by publishing amendments or amended versions of the same in such manner as it deems fit if reasonably calculated to come to the attention of Customers and others (publication on the Website being so calculated) and such amended terms shall be deemed to come into force between the Company, its Customers and other persons or bodies at one minute to midnight GMT on the 14th day following the promulgation of the same on the Website (the day of promulgations being disregarded but including, for the avoidance of doubt, all public and other holidays in any jurisdiction and Saturday and Sunday).