Listed Terms & Conditions of Use
TERMS AND CONDITIONS OF USE - New version applicable from 10/01/2023
The platform Listed (the "Site") is managed and hosted by the company Listed Ltd.
Before signing up on the Site, every User must read these Terms and Conditions (the “Terms”), the Catalogue Rules and the Forum Rules, which form a legally binding agreement between you and Listed regarding your access and use of the Site, and undertake to comply with them. To confirm that you have done so and create your Listed account, please accept the Terms when prompted to do so during the registration process. Every User must also read the Privacy policy.
Capitalised terms are defined in Section 1 of these Terms.
1 DEFINITIONS
When the following capitalised terms are used in these Terms, they have the definitions set forth in this section. Please refer to this Definitions section whenever you see a capitalised term.
Additional Service(s) – means the additional payable services provided by Listed and offered on the Site (such as Boost your item), which require an additional fee and which may be subject to additional terms;
Additional Terms – has the meaning assigned in Section 2.6;
Buyer – means any User who buys or wishes to buy one or more Item(s) on the Site;
Buyer Protection – means the Buyer Protection service provided by Listed for a fee (payable by the Buyers) to Buyers for every purchase made using the “Buy now and Make and Offer” button on the Site. Please see more details on the Buyer Protection in Section 5;
“Buy Now” button / “Buy now” / “Buy” / “Make and Offer” – means the button displayed on each Item page, allowing Buyers to express their willingness to start placing an order for an Item on the Site and to benefit from the Buyer Protection for a fee;
Checkout – means the checkout process available to Buyers to purchase Items on the Site. The Checkout process: (i) is initiated after a Buyer clicks on the “Buy now” button, (ii) requires the Buyer to choose a payment method and specify a delivery address, and (iii) is concluded when the Buyer clicks on the “Pay now” button on the checkout page;
Content – has the meaning assigned in Section 10.1;
Dispute Filing Period – has the meaning assigned in Section 5.5.1;
Escrow – means the escrow account managed by the Payment Service Provider, where the Total Price is retained from the payment until the Transaction is completed, as defined in Section 6.2;
E-wallet (Listed Balance) – financial service provided by the Payment Service Provider which allows Users to create e-wallets (Listed Balance) on the Site. The e-wallet (Listed Balance) solution allows Users to receive funds for sold items on the Site, store the funds, payout to the User’s bank account, purchase Additional Service or purchase Items from other Users on the Site;
Forum – means the area of the Site where Users may publicly communicate with each other, subject to complying with the Forum Rules described here;
Integrated Payment System – means the online payment system allowing Users to pay for Items and Services on the Site, where the payment service is provided by the Payment Service Provider;
Integrated Shipping (Pre-paid shipping labels) – means the option for the transportation and delivery of the Items bought on the Site, where the transport and delivery services are provided by one of the shipping providers offered to select from by Listed, and the Seller must use Pre-paid Shipping labels generated on the Site;
Items – means the goods/items that Users list in the Catalogue, in order to sell them;
Hosting Services – means the hosting services offered by Listed on, or through, the Site, that enable Users to list Items in the Catalogue, to find and examine offers for sale on the Site, and to communicate in private and/or in public, particularly by using the Forum;
Payment Service Provider – means the online payment Service for Items accessible by the Buyer from the Site, the payment services being undertaken Listed’s partner MANGOPAY SA, a limited liability company registered in Luxembourg, under the registration number B173459 and with registered offices at 2 Avenue Amélie, L-1125 Luxembourg;
Business Sellers – means natural or legal persons engaged in business, offering the goods/items in the course of their business activities including any person who sells goods/items for commercial purposes;
News – means content shared by Listed on the Site, including news relating in particular to short and long-term offers, contests, games, promotions and announcements about new Services available on the Site;
Private Messages – means communication by an exchange of private messages between Users via the Site’s messaging system, where the messages are not publicly displayed on the Site;
Privacy Policy – means the document that defines the manner in which Listed collects, uses, processes, stores and transfers personal data;
Seller – means any User who lists one or more Item(s) in the relevant Catalogue of the Site. For the purpose of the provision of payment services, Seller is a person who has completed at least one Transaction of a sold Item;
Services – means all the services offered by the Site, including the Hosting Services, the Buyer Protection and the Additional Services, each of them provided with a goal to ensure secured and trusted experience of the Site;
Significantly Not As Described – has the meaning assigned in Section 5.5.3;
Site – means the Listed website, apps and any other means of accessing Listed’s platform. The “Site” includes the Services and all content, tools, features, and functionality offered on or through the platform;
Listed’s Social networks Accounts – means Listed’s accounts on Facebook, Google+, Twitter, Instagram, Pinterest, YouTube and other social networks where information is provided about the Site and the Services it offers, sharing the contents published by Users;
Terms – means the binding agreement between Listed and the User, as defined in the first paragraph of these Terms and Conditions;
Total Price – means the total amount due for a Transaction, which comprises of i) the price for the Item(s) set by the Seller; ii) the shipping fees; iii) the Buyer Protection fee; and iv) any applicable taxes or fees. If the Buyer chooses to return the Item using return shipping integrated label purchased on Listed, the return shipping fee will be deducted from the Total Price to be refunded to the User;
Transaction – means any transaction made using the “Buy now” or “Make and Offer” button between Users through which a purchase contract for the respective Item is concluded between the Users;
User – means any person who has created an account on the Site and has accepted these Terms;
User account or Account – means the User’s account created upon registration on the Site;
Visitor – means any individual who visits the Site, but who has not created an Account.
2 INTRODUCTION
2.1 Welcome to the Site. Please read these Terms, the Catalogue Rules and Forum Rules carefully. They set forth the terms and conditions under which you may use the Site. If you agree with these Terms, you will be able to use our Site as a User, and you will have the opportunity to be a Buyer and a Seller of Items on the Site. If you do not agree with these Terms, you are not authorised to use the Site.
2.2 Services. Listed offers Hosting Services as an intermediary between Buyers and Sellers. Listed also offers, for a fee, a Buyer Protection service applicable to all Transactions made using the “Buy now” or “Make an Offer” button, as well as Additional Services. Listed is fully responsible for the Services it provides, within the limits of its commitments and under the conditions provided in these Terms. Listed is not a party to any Transactions between Users. Listed does not buy or sell the Items shown on the Site.
2.3 Who Cannot Use the Site.
a) Minors. The Site is not intended for use by persons who are under 18 years old. If you are a parent or a guardian of a dependent who is younger than 18 years old, you may create an account and accept these Terms on behalf of such minor, but by doing so, you take full responsibility for the minor’s use of the Site and acknowledge that the Site is intended for persons who are at least 18 years old.
2.4 Visitors. If you are a Visitor of the Site, you can search and view Items in the Catalogue, read the Forum and other Content provided by Users, as well as News and other information published on the Site. However, you will not be considered a User and you will not be able to use the Services. These Terms may, however, be of informative value to you.
2.5 Creating an Account. To buy or sell Items on the Site, and to use Services, you must first register on the Site and create a User account. When registering on the Site, you undertake to provide true, accurate, up-to-date, and complete information. It is important that you always maintain and promptly update your Account information to keep such information up-to-date and complete at all times. Through the registration process, Users will be asked to provide (directly in the registration form or, if you so wish by sharing your Facebook, Google or Apple ID profile) an email address, a user name (a pseudonym for use on the Site), and a password to enable the Site to identify you each time you access the Site. We will use such data for the purposes and in the manner described in the Privacy Policy. In order to protect your User Account and to ensure the security of other Users, Listed may from time to time verify the information included in your User Account or ask you to answer relevant questions, provide relevant information or assist in verification procedures (the "Security Procedures"). Security Procedures are intended to confirm that you are the person accessing and/or carrying out transactions from your User Account. They will be reasonable and proportionate to the security objectives pursued. As part of the Security Procedures, Listed may verify the User's telephone number, email, the User's credit card, debit card or other payment method, or bank account.
2.6 Additional Terms. By accepting these Terms, you also agree to the Catalogue Rules and Forum Rules (the “Additional Terms”), which are incorporated by reference. These Additional Terms are made available to you, in a format which allows them to be reproduced and downloaded, on the hyperlinked webpages. By accepting these Terms, you subject your use of the Services to these Additional Terms. Any violation of these Additional Terms is a breach of these Terms. In the event of any inconsistency between the provisions of the Additional Terms and the provisions of these Terms, these Terms shall be considered as being the specific terms and shall therefore prevail to the extent of the inconsistency.
2.7 Third parties’ terms and conditions. Certain features of the Site use tools and services provided by third parties, which may be governed by separate terms and conditions. For example, to use the Integrated Payment Service, you must agree to the Payment Service Provider’s terms and conditions (please see Section 7.1 for more information on how users are requested to confirm the Payment Service Provider’s terms and conditions). When third party tools and services are governed by separate terms and conditions, the Site will provide you with a link to the applicable terms and conditions. The latter will be made available to you in a format which allows them to be reproduced and stored within the relevant third-party services and must be separately accepted if you wish to use these third-party services.
2.8 Changes to these Terms. Subject to Section 2.9 below, any changes to these Terms will be subject to your prior approval. If you do not accept the Terms within 15 days from the date of being notified about any changes, Listed reserves the right to restrict a User’s ability to use the Site until the updated Terms are accepted.
2.9 Unilateral Changes to these Terms. Listed may unilaterally amend these Terms for valid reasons and in order to:
a) adapt the Terms to legislative or regulatory provisions in force or being adopted;
b) adapt the Terms to any decision handed down by a jurisdiction, a consumer agency or by any other competent authority, which affects the content of the Site or the Services offered by it;
c) adapt the Buyer Protection rates to reflect inflation and/or the evolution of our costs;
d) prevent abuse or harm or for security reasons;
e) reflect changes to our Services pursuant to Section 2.11;
f) reflect changes and developments in how Listed operates the business;
g) reflect changes in market conditions or standard industry practice;
h) make editorial changes to these Terms (for example, to correct grammatical or spelling errors), in as far as these changes do not alter the content or meaning of these Terms.
If Listed makes any of the changes identified above, Listed will inform Users about the amended Terms 15 days prior to the effective date of the changes, unless:
a) Listed is legally required to make the changes immediately or within a shorter period;
b) the changes are made in accordance with Section 2.9(h) above, in which case they will enter into force immediately.
As of the effective date, you may continue to use Listed's Services in accordance with the amended terms. The amendments will not apply retroactively and will not affect any Transactions that you have previously made on the Site. These amendments will not, either, degrade the quality or alter the characteristics of the Services rendered to you in consideration of a price you have already paid to Listed. Similarly, the amendments may not increase the fees that you have already paid for the Buyer Protection that applies to previous Transactions.
If you are not satisfied with the proposed amendments, you may terminate your relationship with Listed at any time, free of charge. In this case, Listed will continue to fulfil its obligations with respect to any ongoing Transactions that you have already placed on Listed.
2.10 Any amendment to these Terms published on the Site will apply immediately to those Users who complete the online registration process following the publication of any such amendments on the Site.
2.11 We may add new Services, features and functionalities to our Services, without degrading the quality or altering to your detriment the characteristics of (i) the Services rendered to you in consideration of a price you have already paid to Listed, (ii) the Hosting Services offered to you in respect of the Listings and Content that you have already posted on the Site.
3 LISTING ITEMS ON THE SITE
3.1 Permitted Items. Only Items that meet all of the following conditions may be listed on the Site:
3.1.1 The Item must belong to one of the categories listed under Allowed Items in the Catalogue Rules;
3.1.2 The Seller must have the right to transfer the ownership of the Item;
3.1.3 The Seller must not offer for resale items purchased in bulk or items sold as dropshipping products with a low resale value;
3.1.4 The sale, use or possession of the Item must not violate the rights of any third party (including any intellectual property rights) and must not violate any local, national or international applicable law or regulation. The Item must be safe and cannot be counterfeit; and
3.1.5 The Item must comply with all commonly applied requirements on the market, unless there is an agreement to the contrary between the Buyer and the Seller;
3.1.6 The Items must comply with the Payment Service Provider’s list of prohibited and restricted products and services (if applicable, the hyperlink to such list will be provided here).
3.2 Uploading a Listing. To list an Item in the Catalogue, the Seller must comply with all Catalogue Rules. The Seller must complete the questionnaire, which includes selecting a category that most accurately represents the Item and uploading at least one (or more, if required, depending on the Item) good quality photograph. Sellers cannot use photographs found on the Internet and/or photos of a similar Item. The description and photographs of the Item must reflect the actual quality and external appearance of the Item, as well as any faults, defects or alterations affecting the Item.
3.3 Offer for Sale. When a Seller lists an Item in the Catalogue and the listing is published on the Site, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.
3.4 Modifying a Listing. The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into contract with a User for the sale of the Item in question.
3.5 Additional Services. The Seller may decide to purchase Additional Services, such as services designed to improve the visibility of their Items on the Site. Information concerning such Additional Services, in particular their characteristics, will be made available to the User on the pages of the Site Help Centre entries that are dedicated to these Additional Services. Additional terms applicable to Additional Services (if any), will have to be separately accepted by the User.
3.5.1 List of Additional Services. Listed offers the following additional services:
3.5.1.1 Boost Listed Items. Users can increase a given Item’s visibility in other Users’ Item feed, newsfeed and Catalogue search results by purchasing a “Boost Item”. .
Boosting can be purchased for various durations (e.g. one or several days) and the applicable fee will vary depending on the chosen duration and Item price. Boosts are valid for the given duration or until the Item is sold, whichever the earliest. Boosts are a single-use automated service and are not transferable from one Item to another or between Users. If a boosted Item is removed because it did not comply with these Terms or the Catalogue Rules, the price of the Boost will not be refunded.
More information about boosting listed Items can be found in the Help Centre.
3.5.2 Payment for Additional Services. Boost Item duration and applicable fees will be shown to the User before they proceed with the payment. To pay for Additional Services, the User must provide his/her credit or debit card information, or necessary details for any other payment method that is available on the Site. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Site, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User. Payments for Additional Services are processed by the Payment Service Provider and User’s use of payment processing services provided by the Payment Service Provider will be governed by the Payment Service Provider’s terms and conditions (please see Section 7.1 for more information on how users are requested to confirm the Payment Service Provider’s terms and conditions). A confirmation of the purchase will be sent to the email associated with the User’s account.
3.6 Content Removal. Listed, after having been duly notified in accordance with Section 10.4 below or by the competent Authorities, will remove any unlawful Content promptly. Listed may also use automated software and algorithms to detect and delist or remove from the Site immediately, without prior notice, any Items or Content which:
is obviously unlawful or contrary to applicable regulations (e.g. counterfeit Items); is contrary to good moral standards or public security; is listed or posted by a Seller as part of a professional commercial activity, in breach of the Catalogue Rules; or otherwise breaches these Terms, the Rules of the Catalogue Rules or the Forum Rules. The relevant User can appeal Listed’s decision as described in Section 12.6 below.
Listed’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for, unlawful activities and or Content published on the Site and, to the extent permitted by the applicable law, does not give rise to any liability for Listed.
3.7 Holiday Mode. Users may apply a “Holiday” mode to their Account. When the User has set their Account to Holiday mode, Items offered for sale by such User will be hidden from other Users if choosing to do so.
4 BUYING ITEMS ON THE SITE
4.1 Buyers can buy Items on the Site by using the “Buy now” button. Listed’s Buyer Protection applies for a fee (see Section 5 for additional details) to every transaction made using the “Buy now” button. After concluding the Checkout process, the Buyer will become a party to two separate agreements:
4.1.1 Agreement between the Buyer and the Seller. Both the Buyer and the Seller acknowledge that completion of the Checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, Listed is not a party to this agreement. The consumer rights stemming from UK and (to the extent applicable) European consumer protection law do not apply to this agreement.
4.1.2 Agreement between Listed and the Buyer for the provision of the Buyer Protection service. The Buyer Protection is added for a fee to every purchase made using the “Buy now” button on the Site.
4.2 Purchases made without using the “Buy now” button are made solely at the Users’ risk and Listed will not offer any of the services included in the Buyer Protection in relation to such transactions. To the extent permitted by law, Listed is not responsible for, and disclaims all liability arising out of or related to, purchases conducted off the Site. For your security and that of the transactions, we invite you to complete Transactions using the “Buy now” button and not to make transactions outside the Site.
4.3 Shipping Tracking System. Listed provides an online tracking system which only reflects the tracking information provided by the shipping providers of the parcel. Consequently, to the extent permissible by applicable laws, Listed disclaims any liability if the integrated shipping provider provides inaccurate, incomplete or outdated tracking information.
5 BUYER PROTECTION
5.1 With the Buyer Protection, the Buyer will benefit from the following:
5.1.1 Listed's refund policy, which allows the Buyer to request a refund for lost, damaged or Significantly Not As Described Items. Please see Section 5.5 for more details about our refund policy;
5.1.2 Listed’s customer support, which can assist with (i) any Transaction issues, by having access to the Transaction details and assisting the Users regarding the Transaction, and (ii) delivery issues by having access to the delivery status and tracking details, and liaising with the integrated shipping providers. Please see Section 5.5 for more details about customer support assistance;
5.1.3 Safe payments through Integrated Payment System and protection of the Total Price, whereby all payments made through the Integrated Payment System are held on Escrow until the Transaction is completed. Please see Section 6 for more details about safe payments and the Integrated Payment System.
5.2 Benefits of the Buyer Protection are offered only as a combination and are not offered as separate services.
5.3 Buyer Protection Fee. The Buyer will be informed before paying of the total amount of Buyer Protection fees that will apply to a Transaction. More information on how the Buyer Protection fee is calculated is available on this page.
5.4 Not insurance. The Buyer Protection is not an insurance or a legal protection service. Buyer Protection is a service offered by Listed. It does not replace the Buyer’s legal rights or legal guarantees, which can be exercised in addition to, and independently from the Buyer Protection.
5.5 Process for Receiving a Refund Under the Buyer Protection. The Buyer Protection includes the right for Buyers to obtain a refund if an Item is lost or damaged during shipping or if the Item is Significantly Not As Described provided that the process below is met:
5.5.1 Dispute Filing Period. The Buyer must report the issue to Listed by clicking the “I have an Issue” button in their Private Message window and completing the issue submission flow within two (2) days from when the Buyer is notified by Listed:
(i) that the Item should have been delivered; or
(ii) that the parcel seems to be lost;
(such 2-day period, the “Dispute Filing Period”). This will suspend the Transaction and the Total Price will be retained in Escrow until the issue is resolved. If the Buyer does not report the issue within the Dispute Filing Period, the Transaction will be completed. In this case the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) held in Escrow will be released to the Seller.
5.5.2 Items Lost or Damaged in transit. If the Buyer does not receive the Item or if the Item was damaged in transit, the Buyer must inform Listed within the Dispute Filing Period. Once the Item has been confirmed as lost or damaged in transit, the Buyer will be issued a refund of the Total Price on Listed. In case of dispute about the loss or damage caused to an Item in transit, the information provided by the shipping provider will be deemed accurate, unless and until evidence to the contrary is provided to Listed by the User.
5.5.3 Significantly Not As Described Items. Items must comply with the description and photographs provided by the Seller in the Item listing. If the Item received by the Buyer does not comply with the description and photographs provided by the Seller, it will be considered as “Significantly Not As Described”. This includes the following difference(s) between the Item received and the Item description/photographs: incorrect sizes, wrong colours, counterfeit Items, severe damage to the Item (stains, smells, holes), wrong condition, incorrect Items or missing Items in bundles. Conversely, an Item will not be considered as Significantly Not As Described if the Item is not a right fit (but the size was correctly indicated in the listing), or the differences between the Item received and the description and photographs of the Item only include minor and negligible differences that do not affect the use and look of the Item as legitimately expected by the Buyer based on the Item’s description and photographs. If the Buyer considers that the Item received is Significantly Not As Described, the Buyer must report the issue to Listed within the Dispute Filing Period and follow this process:
5.5.3.1 If the Seller chooses to release the refund to the Buyer, the Transaction will be cancelled and the Buyer will receive the refund of the Total Price.
5.5.3.2 If the Seller requests the item return by completing the return request submission flow, the Buyer will have to choose the return shipping method and send the Item back to the Seller within 5 days. The Buyer must pay for the return of the Item, unless otherwise agreed with the Seller. If the Buyer chooses to return the Item using a return shipping integrated label purchased on Listed, the Buyer must use the automatically generated pre-paid shipping label to return the Item. From when the Seller is notified by Listed that the parcel should have been delivered or seems to be lost, the Seller will have two (2) days to confirm that Everything is OK with the Item or report an issue:
a) If the Seller reports an issue about the returned Item by contacting customer support, Listed’s customer support will investigate the issue and make a final decision.
b) If Seller confirms Everything is OK with the Item or if the Seller does not take action within 2 (two) days from when the Seller is notified by Listed that the parcel should have been delivered or seems to be lost, the Transaction will be cancelled and the Buyer will receive a refund of the Total Price.
5.5.3.3 a) If any of the Users escalate the issue to Listed’s customer support or if the Seller does not take neither of the actions identified in 5.5.3.1 and 5.5.3.2 within 14 days of Buyer’s submission of the issue, the issue will be resolved by Listed’s customer support. Listed customer support will determine whether the Item is Significantly Not As Described by evaluating the information / evidence provided by Buyer and Seller and may request additional information from Users.
b) If Listed determines that the Item is Significantly Not As Described, the Seller will have 2 (two) days to take an action described in 5.5.3.1 or 5.5.3.2 above. If the Seller does not take either of the action within 2 (two) days, the Transaction will be cancelled and the Buyer will receive a refund of the Total Price. If Listed determines that the Item is not Significantly Not As Described, the Transaction will be completed and the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) will be issued to the Seller.
5.5.3.4 In cases when the Transaction is cancelled without Item return under the above rules, Users can continue communication directly about the return of the Item and Listed will no longer assist / mediate.
5.5.3.5 Counterfeit. In the particular case where the Buyer alleges that the Item is counterfeit, Listed will ask both the Buyer and Seller to provide information to support their position within 24 hours from the submission of Listed notice to provide information. Listed can ask for additional information from both the Buyer and / or the Seller if Listed indicates a need for it. Based on all the relevant information available to Listed, Listed will ultimately make decisions on a case-by-case basis and both the Buyer and the Seller commit to respect such decisions made by Listed:
(a) If there are no reasons to doubt the authenticity of the Item, the Transaction will be completed and the purchase price of the Item and, also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used), will be released to the Seller.
(b) If there is no sufficient information allowing Listed to determine whether the Item is counterfeit, the Buyer and the Seller will be notified that the case is considered to be ambiguous, the Buyer will be asked to return the Item to the Seller. The same process as described in Section 5.5.3.3 b) and 5.5.3.4 above will apply.
(c) If there are strong, objective and concrete indications that the received Item is counterfeit, the Transaction will be cancelled and the Buyer can get a refund without having to send back the Item to the Seller.
5.5.4 No Refund. The Buyer will not be entitled to a refund under the Buyer Protection and the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) will be released to the Seller if:
(i) pursuant to the process described in Section 5.5.3 above, Listed determines that the Item is not “Significantly Not As Described”;
(ii) the Buyer does not report the issue to Listed within the Dispute Filing Period as described in Section 5.5.1 above;
(iii) the Item has been tampered with, washed, used, tested or modified in any way whatsoever by the Buyer; or
(iv) the Buyer has already confirmed that the Item matches its expectations by clicking on the “Everything is ok” button in the Buyer’s Private Message with the Seller;
(v) the Buyer did not provide sufficient proof within the required timeline by Listed customer support that the Item has been damaged in transit (sufficient proof deemed required by each shipping provider in their Terms and Conditions).
5.6 Return of Bundle Items. If the Item to be returned was purchased at the same time as other Items from the same Seller (as part of a “Bundle”), then the Buyer must return all Items in the Bundle and will obtain a refund for all the Items in the Bundle.
5.7 Acknowledgment of Listed’s role in issuing refunds under the Buyer Protection. Users agree to comply with the process for receiving a refund under Buyer Protection and to collaborate with Listed to enable Listed to make decisions on any Buyer Protection related issue based on the objective criteria set forth in these Terms. If the Users resolve the issue between themselves after it has already been escalated to Listed’s Customer Support, the Users undertake to inform Listed Customer Support about such an outcome.
5.8 The Users can use the complaint procedure regarding Listed’s decision, as described in Section 15.
6 PAYING FOR AN ITEM
6.1 Safe Payments through the Integrated Payment System. Listed contracts with the Payment Service Provider to process payments made using the Integrated Payment System and to store information relating to the credit cards, debit cards, and any other payment method offered on the Site. In order to use the Integrated Payment System, the User will enter into a contract directly with the Payment Service Provider, and the User will be accepting the Payment Service Provider’s terms and conditions. Users will be asked to confirm this during the creation of their e-wallet (Listed Balance) (please find more information on this in Section 7.1).
Payment of the Total Price can be made by credit or debit card or any other payment method that may be introduced from time to time on the Site. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Site, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User (the same applies for paying for Additional Services as described in Section 3.5.2). If the Buyer has funds available on the e-wallet (Listed Balance), such funds will be automatically used to make purchases on the Site from other Users. If the Buyer does not have enough funds in his/her e-wallet (Listed Balance) to cover the total amount due, Buyer can cover the missing portion by paying through other available payment methods.
The Total Price is held on an Escrow account handled by the Payment Service Provider. Once a Transaction is initiated, the Payment Service Provider acquires funds from the Buyer on behalf of the Seller and holds those funds in Escrow for disbursement. Listed supports its Users in using the services provided by the Payment Service Provider and provides direct assistance to Users for such services; however, for the avoidance of doubt, Listed does not provide any payment processing services for Users. Users are solely responsible for the provision of accurate information associated with credit cards, debit cards, and any other payment method offered on the Site and Listed hereby disclaims any responsibility and all liability for User-provided information to the full extent permitted by applicable law.
6.2 Completion of a Transaction. The Total Price paid by the Buyer will be retained by the Payment Service Provider in Escrow until the Transaction is completed. The Transaction is completed:
(i) when the Buyer clicks “Everything is ok” during the Dispute Filing Period; or
(ii) automatically after the expiration of the Dispute Filing Period, if the Buyer does not submit an issue through the “I have an issue” flow during the Dispute Filing Period; or
(iii) after the resolution of an issue that was reported during the Dispute Filing Period.
Once the Transaction is completed, the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) will be immediately transferred by the Payment Service Provider to the Seller’s e-wallet (Listed Balance). A User also has an option to have the funds available in a User’s e-wallet (Listed Balance) transferred by the Payment Service Provider to the User’s personal bank account without any transfer fee. However, for the first pay-out, a User must provide bank account details; please see Section 7 for more information about the e-wallet (Listed Balance) function.
6.3 Use Restrictions of the Integrated Payment System:
6.3.1 No Third Party Use. The right to use the Integrated Payment System is only for sales in a User’s own name. A User may not resell, hire, or on any other basis allow third parties to use the Integrated Payment System to enable such third parties to be paid for their services.
6.3.2 Permitted Items Only. The Integrated Payment System is only for Transactions regarding the Items on the Site and not for any other products or services.
6.4 Currency; Taxes. All prices are expressed in the User’s local currency, including any applicable VAT.
7 E-WALLET (Listed Balance)
7.1 Setting Up E-Wallet (Listed Balance). E-wallet (Listed Balance) is a payment service provided by the Payment Service Provider. When a User creates the e-wallet (Listed Balance), the User enters into a contract directly with the Payment Service Provider, and the User will be accepting the Payment Service Provider’s terms and conditions. Users will be asked to confirm this during e-wallet (Listed Balance) creation. For the first sale Transaction, the Seller will be asked to create an e-wallet (Listed Balance) by providing the Seller’s name, surname, date of birth, address, nationality and phone number (if required). If the Seller fails to do so within five (5) days, the sale Transaction will be cancelled. Before the first sale Transaction takes place, Sellers can also create the e-wallet (Listed Balance) on their own initiative by going to their account settings (select “Balance”, then press “Activate Balance”) and provide the required data.
7.2 KYC Checks. Once the e-wallet (Listed Balance) is created, Users will be subject to regulatory procedures applied by the Payment Service Provider, such as identity check and other requirements of the “Know Your Customer” (KYC) procedure when respective financial thresholds are met. Those financial thresholds are set by the Payment Service Provider and depend on the total amount of pay-outs made by the User. In addition, the Payment Service Provider may also carry out KYC checks on the User without reaching set thresholds if it suspects that this User is engaging in possibly fraudulent or suspicious behaviour. For the identity check purposes, User may be asked to provide additional information (such as a copy of its passport, identity card, or driver's licence) as requested by the Payment Service Provider (more info here). If a User fails to provide the documents required by the Payment Service Provider, the User’s e-wallet (Listed Balance) may be suspended and the User will not be able to pay out the funds until User’s identity is confirmed. The Payment Service Provider might also suspend User’s ability to make transactions from its e-wallet (Listed Balance). If on the other hand a User has committed an illegal act, e.g. uploaded a fraudulent document or took any other unlawful actions referred to in point 12.3, and the Payment Service Provider deemed such User as fraudulent, he / she will no longer be able to overcome KYC check again and Users will not be able to pay out or reach the funds (more info here).
7.3 Transferring funds from an E-wallet (Listed Balance). Users can transfer funds from E-wallet (Listed Balance) to their bank account, transfer will be performed by the Payment Service Provider. To enable this option, the User must first go to User account settings and add the User’s bank account number, full name and billing address. Users can make a pay-out to a British pound sterling bank account opened in a bank in the United Kingdom. Paying-out to bank accounts in other currencies and/or outside of the United Kingdom is not available. If a User reaches the KYC thresholds referred to in Section 7.2 above or if the Payment Service Provider suspects that the User is engaging in possibly suspicious or fraudulent activity, the User will not be able to transfer funds until they complete the relevant KYC checks.
8 SHIPPING THE ITEMS AND SELLER COMPENSATION
8.1 Shipping Options. Listed does not provide shipping services. The shipping options that may be available are described here. Listed may, at any time, add, suspend or remove shipping providers from the list of choices available to Users. The Sellers and Buyers can access the shipping providers’ terms and conditions here for Buyers and here for Sellers. Users are responsible for reviewing and agreeing with the terms and conditions of the shipping provider that they select. The Buyer will choose a shipping option during the Checkout process and the Seller must use this shipping option chosen by the Buyer, otherwise the Transaction will be cancelled.
8.1.1 Integrated Shipping (Pre-paid shipping labels). For the Integrated Shipping (Pre-paid shipping labels) option, the Seller must use the automatically generated pre-paid shipping label to send the Item, otherwise, the Transaction will be cancelled. Once the Item has been confirmed as lost or damaged in transit, Seller will be issued a compensation on Listed. The compensation limits for Sellers can be found here. Listed will guide the Seller through the compensation process and will inform if any action needs to be taken or information needs to be provided and respective timelines. In case of dispute about the loss or damage caused to an Item during transit, the information provided by the shipping provider will be deemed accurate, unless and until evidence to the contrary is provided to Listed by the User in due time.
Integrated Shipping (Pre-paid Labels) is available in these territories.
8.1.2 For any other shipping option that may be available, Seller may be entitled to compensation for a lost or damaged Item up to the compensation limit set by each shipping provider, in accordance with that shipping provider’s terms and conditions. The Seller compensation will be borne and handled by the shipping provider directly and Seller has to follow shipping provider procedures.
8.2 Payment of the Shipping Fees. The Shipping fees are paid by the Buyer, in addition to the Item price and the Buyer Protection fee. The applicable shipping fees will be clearly indicated to the Buyer before any purchase. They may vary from one order to the other, depending on factors such as parcel size, shipping route, shipping provider and potential discounts.
8.3 Commitment to Ship. As soon as the Total Price has been paid by the Buyer, Listed will inform the Seller that they must ship the Item to the Buyer within five (5) working days. If the Seller does not ship the Item within this period, Listed can cancel the Transaction and direct the Payment Service Provider to release the Total Price held in Escrow to the Buyer. Seller is responsible for the proper packaging of the Item(s).
9 INTERACTION AND MESSAGES ON THE SITE
9.1 Private messages
The exchange of Private Messages between Users is solely for the purpose of exchanging information between Users regarding the Items in the Catalogue. If a User sends Private Messages to another User, he/she must ensure that he/she does not send:
messages or information that feature advertising (unless as permitted by the Forum Rules);
spam or content spreading viruses or worms; mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them); messages containing texts contrary to good moral standards and public security, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms and the interests of Users; messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site; messages that may qualify as harassment of any kind whatsoever. Listed may use automated software and algorithms to detect content of Private Messages that are contrary to good moral standards and public security, or that indicate fraudulent behaviour. If the automated software detects any such content in a Private Message without limiting other remedies available to Listed, (i) the Private Message and User may be blocked and/or the Private Message may be hidden from the User to whom it was sent and (ii) the User who sent such Private Message may receive a warning reminding the User of his/her obligation to comply with these Terms informing the User that Listed may take further steps as described in Section 12 below, such as suspending the User's Account in case of further violations. Listed’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for unlawful activities and/or content on the Site and, to the