This User Agreement, the eBay User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which eBay 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.
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. eBay 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.
Sellers must have a valid payment method on file with 4Bike at all times. 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 eBay in seeking reimbursement. You can change your payment method in My 4Bike at any time.
In connection with using or accessing the Services you will not:
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 eBay, 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 4bike, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the 4bike site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
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:
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.. 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 4bike Services, even if sales terms are finalized 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 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.
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.
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
When buying an item, you agree to comply with the rules for buyers and that:
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, sub licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorize 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. 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 eBay’s sites. That permission is subject to modification or revocation at any time at eBay’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 eBay 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.
Where PayPal is managing your payments and you are not using managed payments (as defined in Section 13), to protect against the risk of liability, eBay 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.
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, 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 authorize 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:
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.
Most 4bike sales go smoothly, but if there’s a problem with a purchase, the 4bike Money Back Guarantee helps buyers and sellers communicate and resolve issues. The 4bike Money Back Guarantee policy is part of this User Agreement and is incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
Under the 4bike Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or 4bike because a case is resolved in the buyer’s favour, we may:
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller’s chosen payment method, or invoice the seller for the reimbursement amount.
Sellers must have a payment method on file with 4bike . Sellers may change this payment method by contacting 4bike . For this purpose, you, in the capacity of a seller authorise and instruct us to::
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the4bike Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred payment method. If sellers do not provide 4bike with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the 4bike Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the 4bike Money Back Guarantee refund or reimbursement.
One of the ways that we may make 4bike .co.uk listings available to international buyers on 4bike .co.uk and on our international sites is through the Global Shipping Programme. For items that are located in the UK and that are purchased from you by an international buyer in a country eligible for the Global Shipping Programme, you will post the item to a shipping centre located in the UK. A third party global technology and shipping provider will oversee the processing, customs clearance and international postage of the item to your buyer. For items that are purchased by international buyers through the Global Shipping Programme, buyers will pre-pay any applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping centre to delivery.
We may choose to make your listings available to international buyers through the Global Shipping Programme unless you opt out of the programme at either an account, country or listing level.
By not opting out of the programme, you will also be acknowledging that you have read and agreed to the Global Shipping Programme Seller Terms and Conditions and that they will apply to you as a seller and to all of your eligible new and existing listings. These terms include, among other important provisions:
We may add certain delivery options to your listings in order to help improve buyer experience. For items that are eligible, we may choose to make eBay Click & Collect available as a delivery option on your listings on ebay.co.uk unless you opt out at either an account or listing level.
By not opting out, you acknowledge that you have read and agree to the Terms and conditions for Click & Collect and that these terms will apply to the relevant listings. Those terms include, among other important provisions:
4Bike is launching a new managed payments service, where a designated 4Bike entity (each, a “payments entity”) manages payments on behalf of sellers (such management described as “managed payments” or similar). 4Bike anticipates moving seller accounts to managed payments in phases starting in late July 2020, providing notice to the affected sellers.
The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that is using managed payments:
We try to keep 4bike and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in 4bike’s Services may not occur in real time. Such functionality is subject to delays beyond eBay’s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. 4bike cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the 4bike Money Back Guarantee up to the price the item sold for on 4bike and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User 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 compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of 4bike’s Services or your breach of any law or the rights of a third party.
If a dispute arises between you and 4bike, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. 4bike Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and 4bike both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in 4bike user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the 4bike group (including, without limitation, in respect of any services provided by any member of the 4bike group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an 4bike credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of My 4bike or by posting the amended terms on www.4bike.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an 4bike representative authorized to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the 4bike site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
4bike’s Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.
The User Agreement and all policies posted on our site are the entire agreement between you and 4bike and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to 4bike (UK) Limited, 9 Solway Avenue, Boston, PE21 7HR, United Kingdom. We shall send notices to you by email to the email address you provide to 4bike during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.