Terms & Conditions

Terms and Conditions

Last updated: 4th April 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: United Kingdom

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pigeonbay Limited, 21 Bryn de Winton, Brecon, Powys, LD3 9HL.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Memberships refer to the services or access to the Service offered on a membership basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Pigeonbay, accessible from www.Pigeonbay.co.uk

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

About US

The Service is a marketplace that allows users to offer, sell and buy Pigeons and Pigeon equipment in a variety of pricing formats and locations.

The Service does not have possession of anything listed or sold through the Service, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. The service is not a traditional auctioneer.

The Service does not review users' listings or content. While we may help facilitate the resolution of disputes through various means, the Service has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

User Accounts

• When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
• You are over the age of 18. The Company does not permit those under 18 to use the Service
• If You wish to create an account, to register as a Seller or Buyer on the Service, You will be asked to supply certain information relevant to Your account including, without limitation, Your name, Your date of birth, Your email, Your phone number, Your billing address, and Your shipping information, Your payment profiles.
• You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
• By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
• You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
• You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
• You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
• If payments or amounts owed to the Service cannot be completed through the payment method on file for any reason, You are still required to pay the Service for all unpaid amounts and the Service reserves the right to seek reimbursement through other means plus any additional costs incurred by the Service in seeking reimbursement. You can change Your payment method in Your Account at any time.
• By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
• All accounts will have an 'Online Account' where all invoices and transactions will be kept on the site which can be viewed at anytime.
• These transactions act as your receipt. It is therefore important to complete the checkout process each time you use the site to sell or purchase an item.

Listing Conditions

When listing an item, You agree to comply with the following:

• You are responsible for the accuracy, content and legality of the item listed.
• All birds offered are registered to the seller and the seller must have the required documentation to prove so by way of transfer form, ring card etc.
• All birds must be in good health and vaccinated before offering for sale.
• A full description of the lot must be provided together with a picture and pedigree where possible.
• The Sex of the pigeon must be listed but not guaranteed.
• A Transfer form must be sent to the purchaser following the sale of any pigeon on the site.
• Your listing may not be immediately searchable by keyword or category for up to 24 hours. The Service does not guarantee exact listing durations.
• You are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to Your sales on the Service. To the extent possible under English law, You shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to Your failure to provide a valid VAT registration number and/or Your failure to pay any such taxes, penalties or interest;
• content that violates any of the Services policies may be modified or deleted at the Services discretion
• we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
• buyers' location, search query, browsing site and history
• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query
• seller's history, including listing practices, Detailed Seller Ratings, policy compliance, Feedback, and defect rate; and
• number of listings matching the buyer's query
• to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
• if you want to have professional photos attached to your listing photos must be sent to admin@pigeonbay.co.uk prior to the the creation of the listing. These will be produced and sent back to you when completed.
• meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results
• we may provide You with optional recommendations to consider when creating Your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, You agree that we may display the sales and performance history of Your listings to other sellers
• The Service advertises the Services and provides other third parties with access to Your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third party advertising placements
• The Service does not arrange Courier services for any listing advertised with this delivery option. This is the responsibility of the Buyer in consultation with the seller and the Services responsibility ends immediately following payment
• Any issues with delivery including lost items are not the responsibility of the Service and any issues are to solely between the Buyer and Seller 

Purchase Conditions

When buying an item, You agree to comply with the following:

• You are responsible for reading the full item listing before making a bid or commitment to buy;
• You enter into a legally binding contract to purchase an item when You commit to buy an item, or if You have the winning bid (or Your bid is otherwise accepted);
• You must complete the transfer registration for any bird purchased on the site.
• When You win an item, or uses Buy It Now to purchase an item, they must complete the purchase by visiting your 'Basket' at the top of the homepage and completing the checkout process.
• This will produce the invoices and documentation including your receipt(s) for your purchase.
• You are required to send full payment to the seller within 4 days via the one of the options they have confirmed they accept.
• It is your responsibility to check the methods of payments the seller accepts prior to winning the auction.
• If the seller only accepts off-line payments they will email you the payment details within 24hrs of the auction closing. You will find these details in your 'Messages' area of your account.
• If you have not received them after 24hrs you can contact the seller via your control panel to request these details.

Buyers must note:

• The cost of postage and handling, and all terms that the seller has included in the listing before deciding to purchase
• Bids can not be retracted under any circumstances when confirmed
• The Service does not arrange Courier services for any listing advertised with this delivery option. This is the responsibility of the Buyer in consultation with the seller and nothing to do the Service.

Managing unpaid items cases

• A seller may contact the Service if the buyer does not pay or contact them within 4 days.
• Sellers may close the case when a buyer has not paid within 7 days
• Sellers may be eligible to receive a final value fee credit and any enhanced listing fees refunded or have the invoice cancelled in the event of non payment.
• Sellers may relist an unpaid item after 4 days of the auction ending if no payment has been made by the buyer.
• Buyers have the option of appealing an unpaid item by contacting the Service if they believe it was undeserved
• Sellers should avoid falsely reporting unpaid items or they may:
• Have all credits reversed for the time period in question
• Lose the ability to use the final value fee credit system
• Be subject to suspension

Fees

• The site operates private listings on a £5 per listing basis. This fee is required to be paid in advance of the listing going live on the site. 
• The site charges 13% Final Sale Commission if the site completes the listing on your behalf. There is no insertion fee to be paid.
• We may change our fees, or introduce new fees from time to time by posting the changes on the Service or via the messaging service on Your account, 30 days in advance. You may close Your account without penalty within 30 days of such notice being given.
• If You are a seller, You are liable for Final Value Fees arising out of all sales made using the Service, even if sales terms are finalised or payment is made outside of the Service. In addition, if You are a seller and You offer or reference Your contact information or ask for a buyer's contact information, You may be liable to pay a Final Value Fee in consideration for the introduction to a buyer for that item on the Service, even if the item does not actually sell.
• Payments from Service Listing will be forwarded to the Seller when funds have been paid in full. This can take up to 14 days.

Private Listings

• Individual Items – £5.00 Listing Fee & 0% Commission on Final Value Fee 
• One Loft Auctions – 15% Commission on Final Value Fee 

If you accept the option to be paid directly via Paypal you will incur charges of 2.9% + 0.30p per transaction. This fee is not payable to the Service but to Paypal directly.

Service completes Listing

• All Individual Members – 13% Commission on Final Fee
• One Loft Auctions – 18% Commission on Final Value Fee
• Charity Auctions – 0% Commission on Final Value Fee

Listing Enhanced Fees

• Featured Homepage - £5.00 per item

Store Enhanced Fees

• Showcase Billboard in Store - £50 a year 

Advertising/Sponsorship      

• Main Banner on Homepage - £200 a year
• Store Banner - £100 a year                       
• Equipment and Product Category - £100 a year
• Pigeon Sales & Auction Category - £100 a year

(Banner to be supplied to site in JPEG format and 1500 pixels x 300pixels)

Professional Photographs

Professional Photos - £8 each

(Photos to be supplied to site in JPEG format)

Membership

The Service operates with 1 membership level. You are automatically installed onto our Buying Free / Selling £5.00 per listing 0% commission membership plan. The site does not charge for membership. 

• Membership cancellations

You may cancel Your membership at any time by accessing Your Account or by contacting the Company. Your current membership period and You will be able to access the Service until the end of Your current membership period.

• Exclusions 

Enhanced Listing Fees, Video Insertion, Store Enhanced Fees and One Loft Auctions are excluded from any Membership. These services remain available to all Memberships but payment for these features will be addition to any Membership.

• Free Trial

The Company may, at its sole discretion, offer a membership with a Free trial for a limited period of time.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at admin@pigeonbay.co.uk and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or £50  if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"As Is" and "As Available" Disclaimer

The Service is provided to You "As Is" and "As Available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licencors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service immediately.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By email: admin@pigeonbay.co.uk