T&C

10K USED GEAR LIMITED

TERMS & CONDITIONS

PART 1: USER AGREEMENT

  1. Access to Website
    1. This User Agreement sets out the terms on which 10K Used Gear Ltd offers you access to and use of its website and services. The entity you are contracting with is 10K Used Gear Ltd, The Studio and the Mill, Esparto Way, South Darenth, DA4 9FF, United Kingdom. In this Agreement, references to “you” or “your” are references to users of 10K Used Gear Ltd’s website and references to “we” and “our” are references to 10K Used Gear Ltd. References to “the vendor”/ “the buyer” are references to any individual or entity using 10K Used Gear Ltd’s website and services to sell/buy goods.
    2. 10K Used Gear Ltd reserves the right to amend these terms and conditions, and the products, services and prices listed on this website at any time, at its sole discretion and without notice. 10K Used Gear Ltd reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved. Before registering to use this website, entering into an order to purchase products or otherwise posting any information, please read this agreement carefully.
  2. Copyright
    1. The information contained on this website is protected by copyright. Except as specifically permitted, no portion of this website may be distributed or reproduced by any means, or in any form, without the prior written consent of 10K Used Gear Ltd.
  3. Listing
    1. When listing an item on this website, the vendor represents and warrants that it is the lawful owner of the item listed and is responsible for the accuracy and content of the listing and item offered. The vendor shall immediately notify 10K Used Gear Ltd in writing of any change to the item listed on this website, including but not limited to, the unavailability of such item.
    2. All listings made by the vendor on this website are non-exclusive. However, once items are listed on the website, the vendor shall not offer these items to any production company or company operating in the same industry as 10K Used Gear Ltd at a price below 10K Used Gear Ltd’s net buying price.
    3. 10K Used Gear Ltd does not charge a fee to list items on its website. 10K Used Gear Ltd shall give three days written notice to the vendor of any amendment(s) to this provision and such amendment(s) will only take effect upon receipt of such notice by the vendor.
  4. Sales
    1. The vendor shall provide 10K Used Gear Ltd with a price list for the items to be sold on this website. In the event that the vendor wishes to amend the price of an item, it must do so by logging on to the vendor’s administrative page at www.10Kused.com. New prices will appear on the website within 72 hours of our approval.
    2. The vendor undertakes that it will not contact prospective buyers with the intent of selling items listed on this website to them directly, without the intermediary of 10K Used Gear Ltd. Any breach of this provision shall entitle 10K Used Gear Ltd to the fee it would have been entitled to had this provision not been breached.
  5. Payment
    1. SALES ARE PRE PAID: the buyer must pay for the products before we dispatch them. Preferred payment method is by bank transfer. If you do not wish to pay by this method, we may be able to accommodate another pre payment option. Please call 10K Used Gear Ltd +44 20 8308 9566 for more information. In all cases 10K Used Gear Ltd reserves the right to charge a £15 fee on all refunds. Please note that using a credit or debit card that you are not authorised to use is a criminal offence.
    2. 10K Used Gear Ltd will pay the vendor the agreed net sale price upon finalisation of the sale with the buyer. The sale will be final once the buyer has received the goods and confirmed that the goods are satisfactory. The buyer is only entitled to notify 10K Used Gear Ltd of any defects within 2 days of receipt of the goods.
  6. Price / Currency
    1. All prices are quoted in euros, dollars or sterling. Our currency converter is available to assist you in converting the prices listed into your currency. Please note that this service is simply available for your convenience and that all payments will be made in the currency quoted on our Proforma Invoice/Quotation.
    2. Please be advised that 10K Used Gear Ltd may, without notice and at its sole discretion, amend the price of the goods listed on its website. 10K Used Gear Ltd reserves the right to prohibit certain pricing structures if they do not comply with its pricing guidelines or the guidelines set by manufacturers.
    3. 10K Used Gear Ltd has a minimum order value of €500 policy and reserves the right to charge a small service charge on any order under €500.
  7. Value Added Tax
    1. All purchases in the UK are subject to Value Added Tax at the prevailing rate.
  8. Cheques and Credit Cards
    1. Cheques are not accepted as a form of payment.
    2. The buyer agrees not to dispute any credit card charge with its credit card company. The buyer’s remedies for defective materials and/or workmanship are specifically limited to those set forth herein. In all cases, 10K Used Gear Ltd reserves the right to charge a £15 fee on all refunds. Please note that using a credit card you are not authorised to use and/or credit card fraud are criminal offences.
  9. Expenses of vendor
    1. 10K Used Gear Ltd shall not be liable for any expenses/costs incurred by the vendor in connection with any transaction with 10K Used Gear Ltd, which shall be the vendor’s sole responsibility.
  10. Shipping
    1. All shipping, insurance, duty and freight handling charges are the responsibility of the buyer and are not included in the purchase price listed on this website. 10K Used Gear Ltd will provide the buyer with shipping costs and will add those costs to the final purchase price. 10K Used Gear Ltd will take out insurance on all shipments, unless notified otherwise. All delivery costs shall be borne by the buyer, unless otherwise agreed between the buyer and the vendor. In no event shall 10K Used Gear Ltd be liable for delivery costs.
    2. 10K Used Gear Ltd does not accept responsibility for any damage or loss having occurred during shipment. Where damage or loss has occurred during shipment, it is the buyer’s responsibility to notify the driver upon delivery, and file a claim directly with the shipping company, unless insurance has been requested to and provided by 10K Used Gear Ltd in which case you must provide us with the damage report made to the driver within 48 hours of receipt of the goods. 10K Used Gear Ltd will not accept any return of goods damaged during shipment. 10K Used Gear Ltd cannot be held responsible for any delay in shipping or product unavailability.
  11. Changes in Policy
    1. 10K Used Gear Ltd reserves the right to change, in whole or in part, prices, discounts, product specifications, products offered, terms and conditions of sale and policies without notice. In addition, 10K Used Gear Ltd cannot guarantee availability at the time you place your order. All sales are handled on a first come, first served basis.
  12. RETURNS
    1. In most cases, 10K Used Gear Ltd will allow the buyer to return an item for a refund within 2 days of receipt of the merchandise if the item was not accurately described by the vendor. The buyer is advised to inspect the goods immediately on receipt.
    2. To return an item, the buyer must contact 10K Used Gear Ltd within 2 days of receipt of the merchandise. 10K Used Gear Ltd is entitled to approve or refuse any return at its sole discretion. If the return has been approved, the buyer must pack the item in its original shipping box or case and return it to the specified destination within 14 days of receipt of the goods. The buyer is responsible for all shipping costs associated with the return of the goods and for any damage caused to the goods whilst in its possession.
    3. The vendor undertakes to refund the buyer within 5 business days of receipt of the returned goods.
  13. Cancellation
    1. Any orders placed by a buyer via this website are binding upon the buyer when made. Any cancellation must be approved by 10K Used Gear Ltd and may be subject to restocking and other charges.
  14. Termination
    1. 10K Used Gear Ltd may discontinue, suspend or modify any presently available service or content on the website in whole or in part, at any time for any reason, without prior notice. 10K Used Gear Ltd may limit, suspend, or terminate your use of the website with or without cause at any time and effective immediately. 10K Used Gear Ltd shall not be liable to users or any third party for suspension or termination of your, or any third party use of the website. Users acknowledge and agree that any termination or limit on use of the website may be effected without prior notice, and acknowledge and agree that 10K Used Gear Ltd may immediately remove, delete or discard any information or content that you have posted.
  15. Warranties and Limitation of Liability
    1. The vendor warrants that  the goods being sold shall  be of satisfactory quality in accordance with their description on 10Kused.com
    2. Most products on the 10K Used Gear Ltd limited website are sold with a warranty that such products are free from defects in material and workmanship and will conform to published specifications, provided the products are used according to such specifications. 10K Used Gear Ltd will not be liable for the product’s failure to comply with all warranties, express or implied, written or oral, including the implied warranties of merchantability and fitness for a particular purpose. In some cases, items are sold without warranty. Those items will be posted as such.
    3. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this Agreement.
    4. To the extent permitted by law, 10K Used Gear Ltd is not liable, and you agree not to hold it responsible, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), arising under or in connection with this Agreement. This includes damages or losses resulting directly or indirectly from: (i) your use or inability to use our website; (ii) pricing, shipping, format, or other guidance provided by 10K Used Gear Ltd; (iii) delays or disruptions; (iv) glitches, bugs, errors, or inaccuracies of any kind on our website; (v) the content, actions or inactions of third parties, including items listed using our website.
    5. 10K Used Gear Ltd’s total liability to you in respect of all other losses arising under or in connection with this Agreement shall in no circumstances exceed the cost of the product purchased.
    6. The documentation and/or related graphics published on this server could include technical inaccuracies, obsolete issues or typographical errors. 10K Used Gear Ltd assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to this website.
  16. Indemnity
    1. You will indemnify and hold 10K Used Gear Ltd harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of the website or your breach of any law or the rights of a third party.
  17. Assigment
    1. The vendor may not assign any or all of its rights or obligations under this Agreement without the prior consent of 10K Used Gear Ltd.
  18. Authority
    1. The vendor shall have no authority to incur any obligations or liability on behalf of 10K Used Gear Ltd, nor to execute any documents on its behalf.
  19. FORCE MAJEURE
    1. 10K Used Gear Ltd shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from a Force Majeure Event.
  20. ENTIRE Agreement
    1. This Agreement, together with 10K Used Gear Ltd’s standards terms and conditions of sale and price catalogues, incorporated herein, constitutes the entire agreement between the buyer and 10K Used Gear Ltd and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Please click on the following links to review 10K Used Gear Ltd’s current standard terms and conditions of sale and price catalogue.
  21. THIRD PARTY RIGHTS
    1. No one other than a party to this Agreement shall have any right to enforce any of its terms.
  22. Notices
    1. Any notice given to a party under or in connection with this Agreement shall be in writing, addressed to that party at its registered office or principal place of business, and shall be delivered personally, by first class post or other next working day delivery service, or by email.
  23. Compliance with Laws
    1. Buyers shall at all times comply with any and all applicable laws, including, but not limited to any and all laws governing exports and any applicable international laws, in using this website.
  24. Governing Law AND Jurisdiction
    1. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
    2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
  25. Severability
    1. If any provision or part-provision of this Agreement is held invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
  26. Miscellaneous
    1. The section headings in this Agreement are for the convenience of the parties only and shall have no substantive meaning and shall not be used to construe or interpret any provision of this Agreement. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by 10K Used Gear Ltd of any right under this Agreement will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. All provisions of this Agreement related to indemnification, disclaimers and limitations on liability shall survive the termination of this Agreement.

Use of this website implies acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, please refrain from using this website.

We are a business to business company. We will only use the information that we collect about you and your company lawfully (in accordance with the Data Protection Act 1998).