Buy and Sell Terms and Conditions
We at The Challenger are here to help, but as a seller you are ultimately responsible for making sure that selling your item(s) is allowed on The Challenger site. The items shown under Forbidden by Law can not be included as this would be unlawful. Follow the guideline listed below to find out whether or not your item can be listed on The Challenger site.
The Challenger retains the right to cancel any listing and limit or remove from the site any items we feel are not appropriate.
The Following items are “Forbidden” and as such may not be listed on The Challenger site.
- Tickets – Aeroplane, Football Train, Lottery, and Travel Vouchers.
- Animal and Wildlife products.
- Catalogue and URL Sales.
- Unlocking Software.
- Counterfeit Currency, Stamps, Franking Machines & Trademark items.
- Credit Cards.
- Shares and Securities.
- Prescription Drugs and Materials.
- Drugs and Drugs paraphernalia.
- Embargoed items from Prohibited Countries.
- Encouraging Illegal Activity.
- Firearms Ammunition and Fireworks.
- Offensive Materials.
- Lockpicking Devices.
- Government ID’s, Licences, and Uniforms.
- Surveillance Equipment.
- Human Parts and Remains.
- Mailing Lists, Multi Level Marketing, Pyramid Matrix, Personal Information, and Trading Scheme.
- Satellite, Digital, and Cable TV Decoders.
- Any Recalled Items.
- Stolen Items.
Offering for free rather than selling a forbidden item will not relieve you of any potential liability. This applies to both the seller and the buyer.
Please note the above list is neither limited nor final.
Please can you Contact Us at The Challenger if you feel there are any questionable items on the site.
The following user agreement shall be in effect, for all users, from the 1st May 2009.
Users shall not:
- Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
- Breach our policies including, but not limited to the prohibited item list.
- Fail to submit payment for items purchased by you unless the seller intentionally or unintentionally posted misleading information, a typographical error has occurred or concerns over the seller identity.
- Fail to supply items purchased from you.
- Copy, modify, or distribute content from our site and The Challengers copyright and trademarks: or collect information about other sellers including e-mail addresses, telephone, etc., without their consent.
- We reserve the right to cancel any listing at any time at our discretion.
You agree not to hold The Challenger responsible for any loss or injury as a result of using the services provided by us.
We will commence supplying our services once you have read and accepted these terms and conditions and unless you and The Challenger agree otherwise you will not be able cancel this agreement.
You acknowledge we are not a traditional retailer. Instead our site is a venue to allow anyone to sell or buy any item that is not forbidden under this agreement.
We do not have at any time possession of any items sold through The Challenger.
We do not review users listings or contents.
We are not involved in any transaction between buyer and seller.
We do not guarantee or control the quality, safety or legality of any item listed, the truth and accuracy of the listings, the ability of sellers to sell items, the ability of buyers to pay for the items or that the buyer or seller will complete the transaction.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on our site.
Although we use all techniques available to us that aim to verify the accuracy and truth of any information provided by our users, user verification on the internet is difficult and can not be guaranteed. The Challenger can not and does not confirm and is not responsible for ensuring the accuracy and truthfulness of users purported identities or validity of the information that they provide to us or post on our web site.
We (including our directors, officers, employees, or agents) 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 out of your use of our site and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited up to the sum of £50.00.
If you have a dispute with one or more users, you release us (our directors, officers, employees, and agents) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown arising out of or any way connected with such disputes.
Under no circumstances will any information be passed on to third parties unless we are legally required to do so.
You agree that you will only use our site and services in accordance with this Agreement. You will compensate us in full (and our directors, officers, employees, and agents) for any losses or costs, including reasonable legal fees we incur arising out of any breach by you of this Agreement or violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee – employer or franchiser – franchisee relationship is intended or created by this Agreement.
Third Party Rights
A person who is not a party to this 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 Agreement or which exists or is available apart from that Act.
Resolution of Disputes
If a dispute arises between you and The Challenger we strongly recommend you to Contact Us directly to seek a resolution. We will consider reasonable requests such as mediation or arbitration as an alternative to litigation. This agreement will be governed and construed in all respected by the laws of England and Wales.
Additional Terms and Conditions
The following policies are part of this agreement and provide additional terms and conditions relating to specific services offered on our site:
- Magazine advertising T & C.
- Online advertising T & C.
- Business Directory T & C.
Each of these terms and conditions may be amended from time to time.
Any changes will take effect when posted on the web site. When using a particular service on our site you are subject to any posted terms and condition or rules applicable to those services. All such policies or rules are hereby incorporated in this agreement.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provision shall be enforced.
Section headings are for reference purposes only and do not limit the scope or extent of such sections.
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 Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. All amended terms, unless otherwise stated elsewhere, shall automatically be effective 30 days after they are initially posted.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The following Sections survive any termination of this Agreement: Release, Liability, Compensation, and Resolution of Disputes.
If you have any questions about this User Agreement please Contact Us.