Terms for Sellers

BACKGROUND:

These Terms for Sellers, together with any and all other documents referred to herein, set out the terms under which Users (“Sellers”) participate in Auctions on Our Site. Please read these Terms for Sellers carefully and ensure that you understand them before participating in an Auction. You will be required to read and accept these Terms for Sellers when using this site. If you do not agree to comply with and be bound by these Terms for Sellers, you will not be able to participate in Auctions on Our Site. These Terms for Sellers, as well as any and all contracts are in the English language only.


  1. Definitions and Interpretation

    1. In these Terms for Sellers, unless the context otherwise requires, the following expressions have the following meanings:

Account” means an account required to access and/or use certain areas of Our Site;

Auction” means an auction that takes place on Our Site;

Bidder” means a User who bids on an item in an Auction;

Business” means “a person acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting on the trader’s behalf” (that is, as a “trader” is outlined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);

Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

Listing” means a listing on Our Site advertising an item for sale in an Auction;

Listing Fee” means a fee payable for submitting and/or renewing a Listing;

Our Site” means this website, www.milesflip.com;

Payment Service” means the payment service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A

Payment Service Account” Account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;

Seller” means a User who offers an item for sale in an Auction;

“Third Party Payment Service Provider” means PayPal (Europe) S.à r.l. et Cie, S.C.A., a duly licenced as a Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector as amended and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier, with registered office in L-1150 Luxembourg., and whose website is https://www.paypal.com/uk;

Transaction Fee” means a percentage fee applied to each sale made through an Auction;

User” means a user of Our Site;

User Content” means any Content added to Our Site by a User; and

We/Us/Our” means MilesFlip Ltd, a limited company registered in England under company number 12107340, whose registered address is: 71-75 Shelton Street, London, WC2H 9JQ.


  1. Information About Us

    1. Our Site is owned and operated by MilesFlip Ltd, a limited company registered in England under company number 12107340, whose registered address is: 71-75 Shelton Street, London, WC2H 9JQ.

    2. Our VAT number is 331 3612 42


  1. Access to and Use of Our Site

    1. Access to Our Site is free of charge.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our Terms for Bidders/Buyers/Buyers, and Our Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

    4. Use of Our Site is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.

  2. Age Restrictions

You may only participate in an Auction if you are at least 18(Eighteen) years of age.


  1. Auctions

    1. Our Site is provided solely as an online venue for Bidders/Buyers and Sellers to participate in Auctions. We are not a party to any transactions or other relationships between Bidders/Buyers and Sellers. You hereby acknowledge and agree that:

      1. Bidders/Buyers are not making purchases from Us and are not entering into a contract with Us winning Bidder’s purchase is from you, and their contract is with you;

      2. We will not be a party to any dispute between you and any Bidder or another Seller. Any claims must be made directly against the party concerned;

      3. We do not pre-screen Sellers or any items that you advertise in Listings. We are not, therefore, in any way responsible for any items advertised or sold, or for the content of any Listings; and

      4. While you are required to comply with these Terms for Sellers, which include provisions covering important matters such as payment methods, processing times, and delivery methods, We recognise that all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).

    2. Once an Auction has begun, it will run for a pre-determined period of time. You may end the Auction at any time before the end of that period without any obligation to any Bidder and without the obligation to pay a Transaction Fee. Listing Fees remain applicable and cannot be refunded.

    3. The starting price of an item can be changed at any time, including once an Auction has begun, provided that no Bidder has placed a bid. Prices cannot be changed once a bid has been made (unless all bids are withdrawn).

    4. A Bidder may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its predetermined and stated duration.


  1. What Can and Cannot be Sold in an Auction on Our Site

    1. The following are permitted in Auctions on Our Site:

      1. Transferable Miles or Points from existing Frequent Flyer Programs

    2. The following are not permitted in Auctions on Our Site:

      1. Non-transferable Miles or Points from existing Frequent Flyer Programs

      2. Expired Miles or Points from existing Frequent Flyer Programs

      3. Miles or Points from discontinued Frequent Flyer Programs

      4. Miles or Points from any other loyalty program providers, like Hotels, Car-Rentals, Shopping-Cards etc.

      5. Gift Cards and Vouchers (electronical or physical)

      6. Any physical goods or items

    3. We reserve the right to remove any Listing that breaches the provisions of this Clause 6. If We do so, please note that Listing Fees are non-refundable. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason. 


  1. Descriptions Policy

When advertising an item for sale in an Auction or for Sale, it is important that all descriptions of items are truthful and accurate. You agree that all Listings submitted by you will comply with the following:

    1. The description must give as much detail as is reasonably possible

    2. you may only describe something as being made by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement

    3. your Listing must include transfer fees where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance.

    4. you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);

    5. your Listing must not advertise alternate locations from which your item can be purchased, thereby avoiding Our Transaction Fees;

    6. The description must not include phone numbers or e-mail addresses.


  1. Intellectual Property Rights

    1. The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content in Listings.

    2. Sellers must, at all times, respect the intellectual property rights of others (including, but not limited to, other Sellers) using Our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

    3. If you feel that another User (whether they are another Seller or a Bidder or otherwise) has infringed your intellectual property rights in any way, please contact Us at <>.

    4. If another party contacts Us accusing you of infringing their intellectual property rights:

      1. We will contact you to inform you of the complaint;

      2. We may remove the User Content that is the subject of the complaint;

      3. if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and

      4. you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.


  1. Seller Rules and Acceptable Usage Policy

    1. When using Our Site and in particular when participating in an Auction, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:

      1. you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);

      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

      3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

      4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way;

      5. you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Site;

      6. you must not charge excessively for delivery to winning Bidders/Buyers;

      7. you must not engage in any activity intended to avoid paying the applicable Transaction Fee;

      8. you must not engage in any form of bidding manipulation; and

      9. you must not use any personal details provided by a Bidder except for the purposes of fulfilling your obligations under these Terms for Sellers.

    2. When using Our Site, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:

      1. is sexually explicit;

      2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

      3. promotes violence;

      4. promotes or assists in any form of unlawful activity;

      5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

      6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

      7. is calculated or is otherwise likely to deceive;

      8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

      9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);

      10. implies any form of affiliation with Us where none exists;

      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

      12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

    3. We reserve the right to suspend or terminate your access to Our Site and/or your ability to participate in Auctions if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Sellers. Further actions We may take include, but are not limited to:

      1. removing your Listing(s) from Our Site;

      2. issuing you with a written warning;

      3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

      4. further legal action against you as appropriate;

      5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

      6. any other actions which We deem reasonably necessary, appropriate, and lawful.

    4. We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Sellers.


  1. Listing Fees and Transaction Fees

    1. Our accurate Listing Fees are displayed on our website and may vary, depending on the Listing Features, Listing Types our Amount of Listings.

    2. Listing Fees are payable whether or not an Auction results in a sale and cannot be refunded if you choose to end an Auction early.

    3. A Transaction Fee of 8% of the winning bid for each item sold will apply to each sale. Transaction Fees are calculated based only on the final price of an item, not on additional sums such as delivery charges.

    4. Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers (including, but not limited to those described in sub- Clauses 7.8 and 9.1.7) are strictly prohibited.


  1. Payment Service

    1. All Payments on Our Site are made through the Payment Service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., Our Third Party Payment Service Provider.

    2. Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before taking payments from Bidders/Buyers.

    3. By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Site with the Third Party Payment Service Provider.

    4. If We receive notice from the Third Party Payment Service Provider that your use of Our Site or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Site, and/or the suspension or termination of your Account on Our Site.

    5. The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.


  1. Payments from Winning Bidders/Buyers

    1. All payments are processed using the Payment Service described above in Clause 11.

    2. You may choose to allow winning Bidders/Buyers to pay you using some or all of the payment methods listed above in sub-Clause 11.4.

    3. When the winning Bidder pays for an item, their payment will be credited to your Payment Service Account within 72 hours.

    4. If the winning Bidder does not pay, you may cancel the transaction. Please refer to Clause 18 for more information on your cancellation rights.

    5. We will not make any Buyers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.


  1. Payments to Us

    1. All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

    2. If you do not make any payment due to Us on time, We will suspend any Listings you have on Our Site (and thus any Auctions currently underway) and may, in addition, suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

    3. If you believe that We have charged you an incorrect amount, please contact Us at account@milesflip.com as soon as reasonably possible to let Us know.

  1. Taxes

    1. It is your responsibility to collect and pay applicable taxes on any sales made through Our Site.

    2. Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.

    3. Value added tax (“VAT”) may be charged to winning Bidders/Buyers on purchases and to Sellers on fees payable to Us.

    4. If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Site.

    5. For further information on VAT and other taxes in your location, please contact your local tax authority.


  1. Delivery All to be electronic transfers only

    1. All to be electronic transfers only.

    2. You must transfer the Miles or Points as soon as is reasonably possible upon receipt of payment from a winning Bidder under Clause 12. Unless your Listing has stated otherwise, or unless the winning Bidder has agreed otherwise, you must transfer the right amount of Miles or Points no later than 7 calendar days after the date on which the Auction ends.

    3. You must ensure that you transfer the Miles or Points to the correct Frequent Flyer Program Account provided by the winning Bidder. It is your responsibility to ensure that the account that you use exactly matches that provided by the winning Bidder. If transferred Miles or Points do not reach the winning Bidder due to incorrect account details provided by the winning Bidder, it is their responsibility and not yours.

    4. Delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of transferring the Miles or Points in question to the winning Bidder.

    5. It is strongly recommended that you obtain proof of transfer when you transfer Miles or Points (e.g. Account Statement of you Frequent Flyer Program. Such proof will be important in the event that a winning Bidder does not receive an item from you.

    6. Once the Miles or Points are transferred to a winning Bidder, you must inform them. You must not describe any Miles or Points as transferred until it actually has been.


  1. Consumers’ Rights to Cancel and Return Items

    1. If you are selling as a Business, winning Bidders/Buyers who are consumers (that is, not Businesses) based in the European Union may be entitled to a “cooling- off” period within which they may cancel their contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the winning Bidder (or someone nominated by them) receives the item.

    2. The cooling-off period does not apply in the following circumstances:

      1. If you are selling as a private individual

    3. If a winning Bidder exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The winning Bidder may do so in any way they wish. Cancellation by email or by post is effective from the date on which the winning Bidder sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the winning Bidder sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.

    4. Items must be returned to you by the winning Bidder no more than 14 calendar days after the day on which they inform you that they wish to cancel. The winning Bidder will be responsible for the costs of transferring the Miles or Points to you if they cancel under the cooling-off period.

    5. When a winning Bidder cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:

      1. The day on which you receive the Miles or Points back; or

      2. The day on which the winning Bidder informs you (supplying evidence) that they have transferred the Miles or Points back (if this is earlier than the day under sub-Clause 16.5.1); or

      3. If you have not yet transferred the Miles or Points, the day on which the winning Bidder informs you that they wish to cancel.

    6. You may make certain limited deductions from refunds under this Clause 16 as follows:

      1. You may reduce a refund for any diminished value in an item resulting from the winning Bidder’s sive handling of it; and/or

      2. You are only required by law to reimburse standard delivery charges / transfer fees. 


  1. Problems with Transactions Rights

    1. If you are selling as a Business, the items that you sell must be fit for purpose, as described, in accordance with any pre-contract information that you provide to buyers, and that matches any samples or models that you have shown to buyers. If you are selling as a private individual, the Miles or Points that you sell must only be as described.

    2. If an item does not conform with the requirements outlined in sub-Clause 17.1, the winning Bidder must contact you as soon as reasonably possible to inform you of the problem. Depending on the nature of the problem, the following remedies will be available to the winning Bidder:

      1. Beginning on the day that the winning Bidder receives the Miles or Points, the winning Bidder has a 14 calendar day right to reject it and to receive a full refund if it does not conform.

    3. If the winning Bidder exercises the final right to reject the item more than six months after receiving it, you may reduce any refund to reflect the use that the winning Bidder has had out of it.

    4. Please note that winning Bidders/Buyers will not be eligible to claim under this Clause 17 in the following circumstances:

      1. the winning Bidder has purchased the Miles or Points for an unsuitable Frequent Flyer Program that is neither obvious nor made known to you and the problem has resulted from the winning Bidder’s use of the Miles or Points for that purpose; or

      2. the winning Bidder has no access to the transferred Miles or Points on his Frequent Flyer Program Account

      3. The costs of returning Miles or Points to you should be covered by you, reimbursing the winning Bidder where necessary.

    5. Refunds (whether full or partial, including reductions in price) under this Clause 17 must be issued within 14 calendar days of the day on which you agree that the winning Bidder is entitled to a refund.

    6. Any and all refunds under this Clause 17 must include all delivery costs or transfer fees paid by the winning Bidder when the Miles or Points were originally purchased on completion of the Auction.


  1. Further Transaction Cancellation Rights

    1. Transactions can be cancelled, with you issuing, where applicable, a full refund of any sums paid (including transfer charges) in the following circumstances:

      1. You and the winning Bidder/Buyer have mutually agreed to cancel the transaction before the Miles or Points are dispatched;

      2. You and the winning Bidder/Buyer have mutually agreed to cancel the transaction following receipt by the winning Bidder of the Miles or Points and the winning Bidder has returned the Miles or Points to you;

      3. The winning Bidder/Buyer has not transferred the full amount or costs.

    2. Refunds must be made within 14 days of:

      1. the date on which you and the winning Bidder agree the cancellation


  1. Your Account Cancellation Rights

    1. You may close your Account and cancel your agreement with Us by requesting this service via support@milesflip.com.

    2. Any outstanding sums due and payable to Us (including, but not limited to, Listing Fees and Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.

    3. If you have any active Listings and Auctions when you close your Account and cancel your agreement with Us, the Listing(s) will be removed from Our Site and the Auction(s) ended without a sale. You will remain bound to deliver any items to winning Bidders/Buyers from Auctions/Sales that have completed, where the items have not yet been dispatched, upon receipt of payment from those winning Bidders/Buyers. The rights of winning Bidders/Buyers and your obligations to them described in these Terms for Sellers will be unaffected by your closure and cancellation. Your Account will not be fully closed until all pending transactions are complete.

    4. If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:

      1. We have breached these Terms for Sellers in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing; or

      2. We go into liquidation or have a receiver or administrator appointed over Our assets; or

      3. We change our service or these Terms for Sellers to your material disadvantage; or

      4. We are adversely affected by an event outside of Our control (as under sub-Clause 21.2.5).


  1. Our Liability to You

    1. As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Bidders/Buyers and Sellers.

    2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Sellers or as a result of Our negligence.

    3. Subject to sub-Clause 20.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

    4. Nothing in these Terms for Sellers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

    5. Nothing in these Terms for Sellers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.


  1. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

    2. If any event described under this Clause 21 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

      1. We will inform you as soon as is reasonably possible;

      2. Our obligations under these Terms for Sellers will be suspended and any time limits that We may be bound by will be extended accordingly;

      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;

      4. If the event outside of Our control occurs and continues for more than 96 hours and you wish to exercise your right to cancel under sub-Clause 19.4.4, you may do so by requesting this service via support@milesflip.com. Any refunds due to you as a result of your cancellation under sub- Clause 21.2.5 will be paid to you as soon as is reasonably possible and in any event no later than 28 calendar days after your Account is cancelled.

  1. Communication and Contact Details

    1. If you wish to contact Us with general questions or complaints, you may contact Us by email at info@milesflip.com.

    2. For matters relating to Our Site including, but not limited to, these Terms for Sellers, Auctions, transactions, Bidders/Buyers, and other Sellers, please contact Us by email at admin@milesflip.com

    3. For matters relating to cancellations, please contact Us by email at support@milesflip.com.

  2. Data Protection

    1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)

    2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy on our website.

    3. As a Seller, you will also collect, hold, and process Bidders/Buyers’ personal information in the course of transactions (for example, names, email addresses, and postal addresses). You must have your own privacy policy in place to govern your collection, processing, and holding of Bidders/Buyers’ personal data. Sellers are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Bidders/Buyers’ rights under the GDPR. You must only use the personal data of other Users (whether they are Bidders/Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Site, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment information, only use another User’s personal data for additional purposes with their consent.

    4. If a Seller and Us are found to be joint data controller  of any Bidders/Buyers’ personal data, and We are sued, fined, or otherwise incur any expense because of something done with a Buyer’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from Information Commissioner’s Office.



  3.  Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms for Sellers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Sellers will not be affected and Our obligations under these Terms for Sellers will be transferred to the third party who will remain bound by them.

    2. You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.
    3. If any of the provisions of these Terms for Sellers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Sellers. The remainder of these Terms for Sellers shall be valid and enforceable.

    4. No failure or delay by Us in exercising any of Our rights under these Terms for Sellers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Sellers means that We will waive any subsequent breach of the same or any other provision.

    5. We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Sellers are to your material disadvantage, you may cancel as set out in sub-Clause 19.4.3.



  4. Law and Jurisdiction

      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 25.1 above takes away or reduces your rights as a consumer to rely on those provisions.

      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.

      4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.