Terms of Use - Rumage

This page (together with the documents referred to on it) tells you the terms and conditions under which you may use our website Rumage whether as a visitor or Registered User.

Please read these Terms carefully and make sure that you understand them before you start using Rumage. By using Rumage you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please do not use Rumage.

If you apply to become a Registered User you will be asked to click to “Accept” these Terms. If you refuse to do so, you will not be able to become a Registered User. Where you have refused to click to “Accept” but continue to use Rumage as a visitor your continued use of Rumage will indicate acceptance of these Terms.

You should print a copy of these Terms for future reference.

1. Information About Us

1.1 Rumage.com and its subdomains are sites/applications operated by 2Hand Ltd (“we”, “our”, “us”).

1.2 We are registered in England and Wales under company number 10773108.

1.3 Our registered office: Unit 4B, Sunrise Business Park, Higher Shaftesbury road, Blandford Forum, Dorset, DT11 8ST.

1.4 Our main trading address and address for correspondence is Pleck Cottage, Hedge End, Winterborne Stickland, Blandford Forum, Dorset, DT11 0EB.

1.5 Our VAT number is GB 271807496.

1.6 We are a limited company.

2. Definitions Used In These Terms

“Advertiser” means a company or person posting advertisements for themselves or on behalf or another company or someone else, on inventory offered up for the sole purpose of advertising a company, person or service other than Rumage or Rumage partner sites, on the Rumage website.

“Confirmation” means our email confirmation to you that you have become a Registered User or Upgraded User (as the case may be).

“Content” means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on Rumage.

“Items” means all goods or services that Rumage has found and shows as results on our website which are for sale or offered on our partner sites.

“Minor” means a person under 18 years of age.

“Partner sites” means all websites, platforms and apps that are external to Rumage which we are partnered with, who provide us access to items posted by their users on their sites for us to aggregate from.

“Post” means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words “Posted” and “Posting” shall be interpreted accordingly.

“Rumage” means all web pages available under the domains Runage.com, Rumage.co.uk and Rumage.co and their subdomains and all screens on the Rumage mobile application.

“Upgraded User” means a Registered User who has paid to upgrade their user account.

“Registered User” means anyone who has a Rumage account and includes a Upgraded User.

“Services” means all or any services provided by us through Rumage including without limitation on our on-line aggregator.

“Terms” means these Terms of Use, our Privacy Policy and any documents to which they refer.

3. Rumage is an aggregator

3.1 Rumage is an aggregator across the second hand market place. Users may use our services to search for items which sellers have posted on our partner sites and apps.

3.2 We are not responsible for contracts for the supply of goods, services or information formed through Rumage (or as a result of visits made to Rumage) between you and other users on our partner sites. We are simply an aggregator.

3.3 Any contract is between the buyer and the seller and is subject to the terms and conditions of the partner site on which the item is offered. Rumage is not a party to the contract between the seller and buyer nor is Rumage liable under it.

3.4 We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through Rumage or from companies to whose website we have provided a link on Rumage, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.

4. Access to Rumage

4.1 From time to time, we may restrict access to some parts of Rumage or the whole of Rumage to Registered Users or just Upgraded Users.

4.2 When using Rumage, you must comply with the provisions outlined in this agreement.

4.3 You are responsible for making all arrangements necessary for you to have access to Rumage. You are also responsible for ensuring that all persons who access Rumage through your internet connection are aware of these Terms and that they comply with them.

5. Membership Accounts and Usernames

5.1 You may create only one membership account per person. You may not assign, transfer or otherwise deal with your membership.

5.2 You username must not:

(a) contain any swear words or expletives or any words which could be construed as such in any language; or
(b) damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or
(c) breach our or any third party rights; or
(d) imply any connection with us. For example, your user name must not include the word “Rumage ” nor must it use any of our trademarks or any confusingly or colourably similar words or expressions.

5.3 If in our opinion you breach clause 5.2 we may, without prejudice to our other rights and remedies, require you to change your username or change it ourselves.

5.4 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, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.

5.5 You are responsible for any use of Rumage under your password and login details. We have no responsibility for such use. If you become aware of any unauthorised use of your password or login details please contact us immediately at office@www.rumage.com.

6. Registered Users

6.1 By becoming a Registered User, you warrant that:

(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old or if you are a Minor you have the prior written consent of your parent or guardian to become Registered User.

6.2 Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application.

6.3 A contract, in relation to your use of Rumage as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and us when you begin to use Rumage as a Registered User.

6.4 English is the only language in which our contract may be concluded.

7. Upgraded Users: Price and Payment

7.1 Some Services require payment in full before their use. In such cases the amount payable will be clearly indicated.

7.2 We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.

7.3 Prices include Value Added Tax unless otherwise indicated.

7.4 We will not start to provide the paid-for Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these Terms.

7.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the paid-for Services until you have paid the outstanding amounts.

7.6 You are given the opportunity to check your Application and cancel it or amend it prior to its final submission to us. You have agreed that we will begin to provide the Services immediately on our issuing a Confirmation. Please note that once we have issued a Confirmation, provided you with a copy of these Terms in a durable medium and we have begun to provide the Services (i.e. activated your account) you may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulation 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example, in accordance with these Terms or because of our breach.

7.7 Following your initial subscription, your Rumage subscription will be automatically renewed in accordance with the upgrade type/offer. You may opt out of the automatic renewal at any time. Payments made by you before your subscription is cancelled will not be eligible for a refund. This does not affect your statutory rights.

8. Posting adverts to Rumage

8.1 Applicable to advertisers only: As an advertiser on Rumage you have the opportunity to send import feeds to Rumage. In line with GDPR, you, the advertiser, are responsible for the removal and update of any adverts you send to Rumage. Rumage will not be held liable for non-GDPR compliant adverts hosted on Rumage via an import feed from a third party (advertiser or advertising company) and shall be entitled to recover any and all losses it suffers or incurs in connection with the same.

9. No Duty to Monitor or Moderate

9.1 We are under no duty to you to monitor or record the activity of any Rumage user or user of our partner sites.

9.2 Content generated by Registered Users is not moderated.

10. Storage of Content

10.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of Content.

11. Other Users of Rumage : Risks

11.1 You understand that by using Rumage you may receive or be exposed to third party Content which you may find indecent, offensive or objectionable but you use Rumage at your own risk and we are not responsible for such third party content.

12. Minors

12.1 In accordance with clause 6.1(b), Minors are not permitted to become Registered Users of Rumage without the consent of a parent or guardian.

12.2 Parents and guardians are responsible for supervising Minors when they use Rumage and undertake to us to do so. This is not our responsibility.

12.3 We advise parents and guardians who permit minors to use Rumage that it is important that they communicate with them about their safety online. This is not our responsibility. Minors who are using Rumage should be made aware by you of the potential risks to them and of their obligation to comply with the Terms when using Rumage.

12.4 To find out more about internet safety for Minors please visit: Advice on child internet safety.

13. Privacy and Data Protection

13.1 We process information about you in accordance with our privacy policy published at https://rumage.com/privacy.^[a][b][c] By using Rumage, you consent to such processing and you warrant that all data provided by you is accurate.

14. Third Party Rights Owners

14.1 We have the right to disclose your identity (and the relevant Content) to any third party who is claiming that your behaviour is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party’s rights.

15. Intellectual Property Rights

15.1 We are the owner or the licensee of all intellectual property rights in 2Hand and in Content Posted on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

15.2 You may print off one copy, and may download extracts, of any page(s) from 2Hand for your personal reference and you may draw the attention of others within your organisation to Content Posted on 2Hand.

15.3 You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use Content separately from any accompanying text.

15.4 Our status (and that of any identified contributors) as the authors of Content on 2Hand must always be acknowledged.

15.5 You must not use any part of the Content on 2Hand for commercial purposes without obtaining a licence to do so from us or our licensors.

15.6 If you print off, copy or download any part of 2Hand in breach of these terms of use, your right to use 2Hand will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

16. Trade Marks

16.1 2Hand and its logo is a registered trade mark of 2Hand Ltd.

17. Linking to 2Hand

17.1 You may link to 2Hand, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.2 2Hand must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in this agreement.

17.3 If you wish to make any use of material on 2Hand other than that set out above, please contact us at office@www.rumage.com

18. Links From 2Hand

18.1 Where 2Hand 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19. Viruses, Hacking and Other Offences

19.1 You must not misuse 2Hand 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 2Hand, the server on which 2Hand is stored or any server, computer or database connected to 2Hand. You must not attack 2Hand via a denial-of-service attack or a distributed denial-of service attack.

19.2 By breaching this provision, 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 2Hand will cease immediately.

19.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of 2Hand or to your downloading of any material posted on it, or on any website linked to it.

20. Limitation Of Liability

20.1 The material displayed on 2Hand (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.

20.2 Subject to clause 21.3, to the extent permitted by law, we and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with 2Hand or in connection with the use, inability to use, or results of the use of 2Hand, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

20.3 Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.

20.4 Without prejudice to the general limits on our liability referred to in clause 21.2 and subject to clause 21.3:

(a) we are under no obligation to you to monitor or record the Postings or Content posted by partner sites of 2Hand;
(b) we do not assume any responsibility for the quality, safety or legality of Items;
(c) we do not assume any responsibility for the truth or accuracy of any Postings or Content;
(d) we make no promises, warranties or guarantees about your ability to buy or sell Items using 2Hand;
(e) we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.

21. No Reliance

21.1 Commentary and other materials posted on 2Hand are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to 2Hand, or by anyone who may be informed of any of its contents.

22. Events Outside Our Control

22.1 We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control, including without limitation:

(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.

each a (“Force Majeure Event”).

22.2 Our obligations shall be suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.

23. Interruption of Service

23.1 Access to 2Hand is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.

23.2 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service except that, if you are a Upgraded User and the Service has been unavailable for a continuous period of 7 days your only remedy is to terminate your contract and we will refund the unused portion of your fees.

24. Ending Our Contract

24.1 You may terminate your registration at any time, for any reason, with immediate effect by contacting us via office@www.rumage.com. We reserve the right to check the validity of any request to terminate registration.

24.2 We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known email address.

24.3 We may terminate your registration without notice if you breach, without limitation, these Terms.

25. Refund Policy

25.1 If you terminate your registration for reasons other than our breach, then we will not refund to you any monies.

25.2 If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination.

26. Other Consequences of Ending Our Contract

26.1 Termination by either party shall have the following effects:

(a) Your right to use the Services shall immediately cease;

26.2 Termination will not affect either party’s outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.

27. Written Communications

27.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using 2Hand, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

28. Notices

28.1 All notices given by you to us must be given to 2Hand Ltd at office@www.rumage.com. We may give notice to you at the email you provide to us when you register or by posting the information on 2Hand. Notice will be deemed received and properly served immediately when posted on 2Hand or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified e-mail address of the addressee.

29. Transfer of Rights and Obligations

29.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

29.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

29.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

30. Waiver

30.1 If we fail, at any time during the term, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

30.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

30.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

31. Entire Agreement

31.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

31.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

31.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

31.4 Nothing in this clause limits or excludes any liability for our fraud.

32. Our Right To Vary These Terms And Conditions

32.1 We have the right to revise and amend these terms and conditions from time to time.

32.2 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

33. Severance

33.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

34. Status

34.1 Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.

35. Third Party Rights

35.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

36. Dispute Resolution

36.1 If any dispute arises out off or in connection with 2Hand, we will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR.

37. Jurisdiction and Applicable Law

37.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to 2Hand although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

37.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

38. Copyright Notices

Your Concerns

If you have any concerns about material which appears on 2Hand, please contact us at office@www.rumage.com

These terms were last revised March 2020