This User Agreement, the 4Bike User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which 4Bike offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.
2. About 4Bike
4Bike is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
4Bike does not have possession of anything listed or sold through 4Bike, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. 4Bike is not a party to the transaction and is not a traditional auctioneer.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. 4Bike does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, 4Bike 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.
3. Using 4Bike
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an 4Bike policy, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
- fail to deliver items sold by you, unless you have a valid reason as set out in an 4Bike policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
- transfer your 4Bike account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific 4Bike transaction on the 4Bike site (which includes using this information to send marketing materials directly to 4Bike users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm 4Bike, or the interests or property of 4Bike users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any 4Bike application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights“) that belong to or are licensed to 4Bike. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to 4Bike or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
- commercialise any 4Bike application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with 4Bike as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on 4Bike, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the UK).
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel this User Agreement by visiting this help page. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to buy or sell outside of 4Bike, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of
4. Abusing 4Bike
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
- we think that such restrictions will improve the security of the 4Bike community or reduce our or another 4Bike user’s exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
Private seller fees for using our Services are listed on our Fees for private sellers page and business seller fees for using our Services are listed on our Fees for business sellers page. The fees we charge for selling bikes are listed on our Fees for selling bikes on 4Bike page. We may change our fees, or introduce new fees from time to time by posting the changes on the 4Bike site or via the Messages section of My 4Bike 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 transaction fees arising out of all sales made using some or all 4BikeServices, even if sales terms are finalised or payment is made outside of 4Bike. 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 4Bike site, even if the item does not actually sell.
You are required to have a valid payment method on file when selling on 4Bike. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
You authorise 4Bike to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for 4Bike fees, 4Bike Money Back Guarantee reimbursements and postage labels. 4Bike will notify you of these charges. If payments or amounts owed to 4Bike cannot be completed through the payment method on file for any reason, you are still required to pay 4Bike for all unpaid amounts and 4Bike reserves the right to seek reimbursement through other means plus any additional costs incurred by 4Bike in seeking reimbursement. You can change your payment method in My 4Bike at any time.
Seller fees don’t purchase exclusive rights to item exposure on 4Bike whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
- Listing Conditions
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
• you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy and all other relevant policies;
• your listing may not be immediately searchable by keyword or category for up to 24 hours. 4Bike does not guarantee exact listing durations;
• when you create fixed-price listings, these will renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings will renew automatically once per calendar month until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date;
• unless otherwise specified by law, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest) related to your sales on the 4Bike site, where applicable, and you agree to use the Services in accordance with the Tax policy. 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 4Bike’s policies may be modified, obfuscated or deleted at 4Bike’s discretion;
• in accordance with the listing with the 4Bike catalogue policy, we may revise product data associated with listings to supplement, remove, or correct information;
• 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:
o buyers’ location, search query, browsing site and history;
o item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
o seller’s history, including listing practices, Detailed Seller Ratings, 4Bike policy compliance, Feedback, and defect rate; and
o 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;
• some advanced listing upgrades may only be visible on certain 4Bike Services;
• listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results, for example Promoted Listings;
• 4Bike’s duplicate listings policy may also affect whether your listing appears in search results;
• 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;
• 4Bike advertises the Services and provides other 4Bike companies and 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;
• 4Bike may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by 4Bike or by any 4Bike partners.
- Purchase Conditions
When buying an item, you agree to comply with the rules for buyers and that:
• 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);
• for motor vehicles and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer’s serious interest in the item;
• if you purchase an item on an 4Bike site other than 4Bike.co.uk you are subject to the User Agreement of that other 4Bike site solely with respect to that particular purchase.
Buyer requested cancellations
Buyers can request to cancel an order on 4Bike within one hour of their purchase and the seller will have 3 days to accept or decline the request. If the seller declines the cancellation request, or already posted the order, buyers will need to wait until they receive the item and then decide if they want to start a return. Sellers can also cancel orders in certain circumstances up to 30 days after the sale.
Buyer requested returns
Buyers can submit a return request for items purchased on 4Bike. For returns that are eligible for 4Bike Money Back Guarantee, please see the policy for details. If the return is not covered by 4Bike Money Back Guarantee, buyers can still request the return and the seller has the right to accept or decline the request in accordance with their return policy as stated in the original listing.
- International buying, selling and translation
Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
Your items may be listed on one or more of 4Bike’s international sites in addition to 4Bike.co.uk. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage you authorise 4Bike, in its discretion, to display your listings on 4Bike sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites.
When you sell your items internationally or purchase an item on an 4Bike site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other 4Bike site with respect to that particular purchase, as detailed in the International Selling Policy.
For sellers, you agree that we may display your listing for sale on an 4Bike site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International Selling Policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an 4Bike site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other 4Bike site with respect to that particular sale, as detailed in the International Selling Policy.
You authorise us to use automated tools to translate your 4Bike content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other 4Bike users as part of the browsing experience on 4Bike. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including 4Bike users). You may use that content solely in your 4Bike listings during the time your listings are on 4Bike’s sites. That permission is subject to modification or revocation at any time at 4Bike’s sole discretion.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that 4Bike is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all 4Bike policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name “4Bike” and other 4Bike marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of 4Bike in the UK and other countries. They may not be used unless expressly authorised by 4Bike in writing.
- Data protection and Privacy
• You and 4Bike shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will 4Bike and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
• You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
• You shall process personal data received from 4Bike exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
• Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
• As part of the Services, 4Bike has access to various information about users, including personal data. This includes information that users submit to 4Bike as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
• Via My 4Bike and, upon request, via selling tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate).
• 4Bike only shares information about users with third parties if this is necessary for the provision of the Services or if 4Bike is legally or contractually entitled to do so.
• Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your 4Bike account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.
• For information regarding the processing of personal data by 4Bike, including sharing such data with third parties and your rights as a data subject, please see our User Privacy Notice.
- Restricting Funds
Where PayPal is managing your payments and you are not using managed payments (as described in Section 13), to protect against the risk of liability, 4Bike may recommend that PayPal restrict access to funds in a seller’s PayPal account based on certain factors. These factors include, but are not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
- Additional Terms
Terms of Returns for the Seller
Sellers can create rules to automate returns and refunds under certain circumstances. Also 4Bike may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My 4Bike. Where returns have been set to automatically accept requests, an 4Bike-generated return postage label will be provided to your buyer. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, (and provided the transaction was not processed via managed payments), you authorise 4Bike to request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, or alternatively place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
You authorise 4Bike to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file, when:
• an 4Bike-generated return postage label is used, and the seller is responsible for its cost;
• returns and refunds have been automated; and/or
• you fail to send your buyer a return postage label and instead an 4Bike-generated label is used.
When a transaction is cancelled (and provided the transaction was not processed via managed payments), and you choose to refund the buyer via 4Bike, you authorise 4Bike to request PayPal to reverse the refund amount (in the same or other currency) from the seller’s PayPal account, to the buyer. See our cancelling a transaction policy for more details.