Introduction

Welcome to ebsai. These terms and conditions apply to the services available from the domain and sub-domains of ebsai.com (which include, but are not limited to, ebsaimotors.com), and from all other ebsai-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the ebsai websites (ebsai.com, ebsai.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with ebsai Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg, and the general principles for the websites of our subsidiaries and international affiliates. If you reside within the United States, you are contracting with ebsai, Inc. In all other countries, your contract is with ebsai International AG. If you have any questions, please refer to our Help section.

Before you may become a member of ebsai, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some ebsai-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and ebsai.

This Agreement is effective on 01 Jan 2009, for current users, and upon acceptance for new users.

Using ebsai

You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your ebsai membership has been suspended.While using ebsai, you will not:post, list or upload content or items in an inappropriate category or areas on our sites;

breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the "Additional terms" section below;

fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;manipulate the price of any item or interfere with other user's listings;ircumvent or manipulate our fee structure, the billing process, or fees owed to ebsai;post false, inaccurate, misleading, defamatory, or libellous content (including personal information);take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-ebsai sites or for using it for purposes unrelated to ebsai);transfer your ebsai account (including feedback) and user ID to another party without our consent;istribute or post spam, chain letters, or pyramid schemes;

distribute viruses or any other technologies that may harm ebsai, or the interests or property of ebsai users;copy, modify, or distribute content from our sites and ebsai's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

If you are registering with ebsai as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on ebsai, you must comply with all applicable laws relating to online trading (please see Business Selling Explained for more information).We will commence supplying our services to you as soon as you accept this Agreement. Unless you and ebsai agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Abusing ebsai

ebsai and the ebsai community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.

ebsai's Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) programme and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if:

we think that you are creating problems (including, without limitation, by harassing ebsai staff or other users or by making unreasonable legal threats against ebsai), or exposing us or another ebsai user to financial loss or legal liabilities;

we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;

despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or you earn a net feedback rating of -4.We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.You agree not to hold ebsai responsible for any loss you may incur as a result of ebsai taking any of the actions described above.

No spam

We do not tolerate spam (unsolicited commercial communications). Please set your ebsai notification preferences so we communicate to you as you prefer. You may not add other ebsai users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered ebsai email address belonging to an ebsai member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.To report spam from other ebsai users, please contact ebsai Customer Support.

Using information about other ebsai users

Our sites and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

ebsai-transaction-related purposes that are not unsolicited commercial communications,using services offered through ebsai; and other purposes a user expressly agrees to.

Fees

Joining ebsai and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the ebsai site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your ebsai listings. You may not use catalogue content in a way that infringes or breaches anyone's proprietary rights.

Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.You will not hold