1. Introduction
This User Agreement, set out the terms on which Reactive Mart offers you access to and use of our sites, services, applications and tools (collectively 'Services'). 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 .
- You are entering into a contract with Reactive Mart Limited, Suite 22, Cariocca Business Park, Sawley Road, Manchester M40 8BB
2. About Reactive Mart
Reactive Mart is a marketplace that allows users to offer, sell motorcycle parts and accessories
Reactive Mart does not have possession of anything listed or sold through Reactive Mart, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Reactive Mart 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. Reactive Mart is not obligated to review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, Reactive Mart 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 Reactive Mart
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 a Reactive Mart 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
- fail to deliver items sold by you, unless you have a valid reason as set out in an Reactive Mart 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
- transfer your Reactive Mart 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 Reactive Mart transaction on the Reactive Mart site (which includes using this information to send marketing materials directly to Reactive Mart users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm Reactive Mart, or the interests or property of Reactive Mart 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 Reactive Mart 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 Reactive Mart. 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 Reactive Mart 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 Reactive Mart 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 Reactive Mart 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 Reactive Mart, you must comply with all applicable laws relating to online trading for the site you are selling on.
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. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy, 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 Reactive Mart, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the Reactive Mart 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.
4. Abusing Reactive Mart
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 Reactive Mart community or reduce our or another Reactive Mart 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.
5. Fees
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Reactive Mart Services, even if sales terms are finalised or payment is made outside of Reactive Mart. 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 Reactive Mart site, even if the item does not actually sell.
You are required to have a valid payment method on file when selling on Reactive Mart. 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 Reactive Mart 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 Reactive Mart fees, reimbursements and postage labels. If payments or amounts owed to Reactive Mart cannot be completed through the payment method on file for any reason, you are still required to pay Reactive Mart for all unpaid amounts and Reactive Mart reserves the right to seek reimbursement through other means plus any additional costs incurred by Reactive Mart in seeking reimbursement.
Seller fees don't purchase exclusive rights to item exposure on Reactive Mart 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.
6. 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 and all relevant policies;
- your listing may not be immediately searchable by keyword or category for up to 24 hours. Reactive Mart does not guarantee exact listing durations;
- 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 Reactive Mart site. 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 Reactive Mart policies may be modified, obfuscated or deleted at Reactive Mart’s discretion;
- 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:
- 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, Reactive Mart 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;
- some advanced listing upgrades may only be visible on certain Reactive Mart Services;
- 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;
- Reactive Mart advertises the Services and provides other Reactive Mart 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;
- Reactive Mart 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 Reactive Mart or by any Reactive Mart partners.
7. Purchase Conditions
When buying an item, you agree 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);
Buyer requested cancellations
Buyers may be able to request to cancel an order on Reactive Mart and the seller will 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 Reactive Mart. The seller has the right to accept or decline the request in accordance with their return policy as stated in the original listing.
8. Content
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 Reactive Mart users as part of the browsing experience on Reactive Mart. 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 Reactive Mart users). You may use that content solely in your Reactive Mart listings during the time your listings are on Reactive Mart site. That permission is subject to modification or revocation at any time at Reactive Mart 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 Reactive Mart 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 Reactive Mart 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 "Reactive Mart" and other Reactive Mart marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Reactive Mart in the UK and other countries. They may not be used unless expressly authorised by Reactive Mart in writing.
9. Data protection and Privacy
- You and Reactive Mart 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 Reactive Mart 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 Reactive Mart 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, Reactive Mart has access to various information about users, including personal data. This includes information that users submit to Reactive Mart 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 Reactive Mart and, upon request, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction)
- Reactive Mart only shares information about users with third parties if this is necessary for the provision of the Services or if Reactive Mart 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 Reactive Mart 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 Reactive Mart, including sharing such data with third parties and your rights as a data subject, please see our User Privacy Notice.
10. Restricting Funds
If PayPal is managing your payments, to protect against the risk of liability, Reactive Mart 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.
In connection with managed payments, we may also restrict user access to funds based on the factors described in the Payments Terms of Use.
11. Additional Terms
Terms of Returns for the Seller
Sellers can create rules to automate returns and refunds under certain circumstances. Also Reactive Mart 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. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, you authorise Reactive Mart 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 Reactive Mart to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file, when:
- A Reactive Mart-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 a Reactive Mart-generated label is used.
When a transaction is cancelled and you choose to refund the buyer via Reactive Mart, you authorise Reactive Mart to request PayPal to reverse the refund amount (in the same or other currency) from the seller's PayPal account, to the buyer.
Global Shipping Programme
Reactive Mart is not responsible for alerting buyers to, or charging buyers for any further charges or duties that may be incurred. 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 an obligation to the below, among other important provisions:
- a third party agreement for the parcel processing, customs clearance (for non-EU shipments), and international postage and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
- an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell through the Global Shipping Programme outside the EU;
- an acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;
- a description of the items that are ineligible for the programme and restrictions on the value, weights and dimensions of items that may be sold through the programme;
- a list of countries that are eligible for the programme; and
- policies governing the handling of lost, damaged and undeliverable items (including their possible disposal), returns.
12. Liability
We try to keep Reactive Mart and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of access to our Services. Bid update and other notification functionality in Reactive Mart’s Services may not occur in real time. Such functionality is subject to delays beyond Reactive Mart’s control.
We (including 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:
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by Reactive Mart;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Reactive Mart Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Reactive Mart section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
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. Reactive Mart 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.
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.
13. Compensation
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 Reactive Mart’s Services or your breach of any law or the rights of a third party.
14. Legal Disputes
If a dispute arises between you and Reactive Mart, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Reactive Mart 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 Reactive Mart 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.
15. General
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 Reactive Mart 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 Reactive Mart group (including, without limitation, in respect of any services provided by any member of the Reactive Mart group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Reactive Mart 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. 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 Reactive Mart representative authorised 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 Reactive Mart 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.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Managed Payments, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Reactive Mart (UK) Limited, B1, Business centre, Suite 206 Davyfield Rd, Blackburn BB1 2QY. We shall send notices to you by email to the email address you provide to Reactive Mart during the registration process. 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.
Terms of sale policy
All terms of sale must follow Reactive Mart policies for buying and selling.
Setting and meeting expectations in a listing’s terms of sale ensures a smooth transaction and buyer satisfaction, while helping Reactive Mart remain a reputable marketplace.
What is the policy?
Sellers should provide clear and accurate terms and conditions and are required to meet the expectations they have set in their listings. These should include:
- Postage services, costs, and handling time. A postage service that ensures safe and timely delivery, including when offering free postage, should be used.
Note: Transactions with a total order cost (total of item(s), postage and tax) of £450 or more are required to have signature confirmation
- The forms of payment accepted and that can be selected in Reactive Mart checkout
- A returns policy:
- Clearly stated criteria under which a return will be accepted
- Clearly stated time period in which the buyer must notify the seller about a return
- Who will pay return postage
- How refunds will be issued
- Clearly stated taxes or applicable government-imposed fees
- Compliance with the Presale listings policy, where applicable
- Having items in an inventory or having an existing agreement with a 3rd party to fulfill the delivery of the item under the terms of the listing
Activity on Reactive Mart is required to:
- Follow all applicable laws
- Respect the rights of third parties
- Follow the Reactive Mart User Agreement
- Follow this Reactive Mart policy
If activity doesn't meet these requirements, Reactive Mart may take action consistent with applicable laws and the Reactive Mart User Agreement and may even be legally required to do so. Such actions may include, as an example only: administratively ending listings or cancelling transactions, hiding or lowering the placement of listings in search results, lowering seller rating, restricting buying or selling, forfeiture of fees, loss of buyer or seller protections, restricting access to member communication and rating tools, removing feedback, and account suspension.
Why does Reactive Mart have this policy?
Buyers and sellers are entering a contract when they complete transactions, so it is necessary to have clear details on what the transaction entails in order to guarantee satisfaction. This policy also helps sellers meet our performance standards.