Marketplace Terms & Conditions

The Marketplace and an overview of its general procedures

The Marketplace is a website run by Continental through which clubs can sell their own gymnastics equipment or other related equipment. Whilst the terms and conditions of our Marketplace procedures are below (and will need to be accepted in order for you to use the Marketplace website), the general procedure is that the selling club (Seller) uploads pictures, a description and the price of equipment they want to sell into the Marketplace website. A buying club (Buyer) that decides to purchase a Seller’s equipment (following the Buyer providing their details to Continental through the website) makes payment directly to Continental.

Continental will act as a trusted third party by confirming to the Seller that the Buyer has made payment for the equipment being sold. In return for the Seller selling its equipment via the Marketplace website and allowing Continental to keep the money paid for the equipment and provided the Buyer confirms that the equipment is satisfactory, Continental’s position is that it will give the Seller credit to the value of the equipment sold plus a 10% bonus, that credit to be used for making purchases of new equipment from Continental.

Following payment, it is for the Seller and the Buyer to make arrangements directly between themselves for the delivery of the equipment to the Buyer. Once the Buyer confirms that it has received the equipment and that it conforms to its given description, Continental will make the credit available to the Seller to spend with Continental. As part of the sale process, it is for the Seller to invoice the Buyer and it is for the Seller to be responsible for any VAT element, if they are VAT registered.

The Conditions set out below will apply to any contract made between a Seller and a Buyer for the sale of Equipment via this Website (Contract).

Please read the Conditions carefully and make sure that you understand them, before (if you are a Seller) making available any equipment for sale via the Website or (if you are a Buyer) concluding any purchase of equipment from the Website. Please note that (if you are a Seller) before finalising any posting of equipment for sale or (if you are a Buyer) by ordering any equipment made available for sale on the Website, you will be asked to agree to these Conditions.

Please click on the button marked "I Accept" at the end of these Conditions if you accept them. If you do not accept them, you will not be able to place any Equipment for sale via the Website or purchase any equipment so made available for sale.

1. Interpretation

1.1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Buyer: the purchaser of any Equipment on the Website as displayed for sale by a Seller.

Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.6.

Contract: any contract made between a Seller and a Buyer for the sale of Equipment via the Website.

Continental: Continental Sports Limited, a company registered in England and Wales with company number 830200 and with its registered office being Hill Top Road, Paddock, Huddersfield, West Yorkshire HD1 4SD, being the operator of the Website and whose role is purely as facilitator.

Equipment: the equipment, as displayed on the Website, which the Seller makes available for sale to a Buyer and which the Buyer purchases through the Website.

Specification: any specification (whether description, photograph or otherwise) for the Equipment provided by the Seller on the Website.

Seller: the Seller of Equipment, as identified in the Seller’s entry on the Website.

Website: the Marketplace sub-site within Continental’s website (continentalsports.co.uk), through which the Seller makes available Equipment for sale.

1.2 Construction. In these Conditions, the following rules apply:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(c) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(d) A reference to writing or written includes faxes and e-mails.

2. Continental’s role and position

2.1 Continental’s position with regard to the Website is merely that of a facilitator and consequently, for the avoidance of doubt, Continental is not the seller of any Equipment made available for purchase via the Website.

2.2 Pursuant to clause 2.1, the Contract for the sale and purchase of Equipment is between the Seller and the Buyer on these Terms and, for the avoidance of doubt, neither the Seller nor the Buyer shall be entitled to require Continental to (nor shall Continental be obliged to) enforce any provision of this Contract as against either the Buyer or the Seller and Continental shall have no liability to either the Seller or the Buyer in respect of a transaction. The enforcement of any provision of this Contract against either the Seller or the Buyer by either such party shall be the responsibility of either the Buyer or the Seller in a particular transaction.

2.3 Other than ensuring that the general content of the Seller’s submissions to the Website are broadly appropriate to the scope and purpose of the Website (and Continental reserves the right to remove any submission in the event that Continental believes that it is not in keeping with the scope and purpose of the Website), Continental will not check the specifics or validity of any part of any Specification of any Equipment provided by a Seller on the Website.

2.4 It is the Seller’s ongoing responsibility to ensure that any Specification given in respect of any Equipment is correct and truthful and kept up to date at all times. It is the Buyer’s responsibility to check the Equipment upon receipt.

2.5 Any images of Equipment on the site are posted by the Seller for illustrative purposes only. Continental has no responsibility to check any aspect whatsoever of the images and Continental provides no guarantees that any description of the Equipment matches the actual Equipment.

3. Buying and selling through the website

3.1 The Website is to be used only for sales and purchases of Equipment within the United Kingdom, together with the Isle of Man, Jersey and Guernsey. The Website is intended for use on a business-to-business basis only.

3.2 The user of the Website, whether as Seller or Buyer, confirms that they:

(a) are selling or buying on their own account and are not selling or buying on behalf of another party; and

(b) have authority to bind the business on whose behalf they use the Website to sell or purchase Equipment.

3.3 The Seller confirms and warrants to prospective buyers (who shall be a Buyer in the event that the Seller’s Equipment is purchased) (and to Continental in respect of clause 3.3(d) below) that:

(a) it is the true and lawful owner of the Equipment and it has the capacity to sell such Equipment;

(b) the Equipment is not owned by or leased to or from any third party and no third party has any claim or lien over the Equipment in any way;

(c) the description of the Equipment provided is as accurate as possible and does not misrepresent the condition of the Equipment and it is clear as to whether the Equipment is safe for use or whether remedial work is required; and

(d) no part of the Seller’s Specification breaches any intellectual property rights of a third party and, if it does, Continental shall be held harmless in respect of such use and the Seller shall indemnify Continental in respect of any costs, damages or expenses (including legal expenses) which Continental may incur as a result.

3.4 Prior to being able to sell Equipment via the Website, the Seller shall be required to register with Continental as a Seller and Continental shall provide the Seller with login details and a password. Such login details and password must be treated as confidential. It should not be disclosed to any third party.

3.5 The Buyer shall be required, as part of the purchase procedure, to provide payment and contact details (including the Buyer’s club name, address, email address, a contact name and number) so that Continental and the Seller can commence communications regarding the Equipment. The Buyer shall be entitled, but not required, to register its details via the Website so that Continental can inform it of any promotions or other marketing materials which Continental considers might be of interest to the Buyer.

3.6 Continental shall have the right to disable any user identification code or password, whether chosen by the Seller or the Buyer (as part of any registration with the Website) or issued by Continental, at any time, if in Continental’s reasonable opinion either the Seller or the Buyer has failed to comply with any of the provisions of these Terms.

3.7 When the Buyer has decided that it will purchase Equipment from a Seller, the Buyer shall be required to input its payment details and the Buyer shall authorise and make payment to Continental as part of the confirmation process.

3.8 Subject at all times to clause 2.2, Continental shall communicate with the Seller and the Buyer (using contact details provided) to confirm receipt of payment by Continental from the Buyer and to confirm to the Seller that delivery should be made of the Equipment to the Buyer, delivery being carried out in accordance with clause 5 below. Continental shall provide the Seller and the Buyer with the other’s contact details so that delivery arrangements can be progressed directly.

3.9 In connection with any information that the Seller or the Buyer may come into possession of regarding the other which could be classed as personal information (and therefore be classed as “Personal Data” as defined in the Data Protection Act 1998 and any successor legislation), the Seller and the Buyer agree that they shall process such information only to the extent, and in such a manner, as is necessary for the purposes of fulfilling the transaction as contemplated by this Contract and shall not process or use the information for any other purpose.

3.10 These Conditions apply to the Contract to the exclusion of any other terms that the Seller or the Buyer might seek to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing.

3.11 The Contract (and these Conditions) constitutes the entire agreement between the parties. The Seller and the Buyer acknowledge that they have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Continental which is not set out in the Contract.

4. Price and payment

4.1 The cost of the Equipment and any delivery costs stated by the Seller are the prices required by the Seller and Continental shall have no involvement in or responsibility for the pricing of the Equipment or stated delivery costs.

4.2 The Seller will either state that it requires a fixed price for the Equipment or the Seller may state that it is open to reasonable offers for the Equipment from the Buyer which Continental will forward on to the Seller for the Seller to consider. In the event that the Seller indicates that it is open to reasonable offers:

(a) the Seller will confirm to Continental the declining of or acceptance of an offer which Continental will communicate to the Buyer;

(b) if an offer is accepted by the Seller, it shall not subsequently change its decision, and

whilst Continental will endeavour to make such communications to the Seller and the Buyer in a timely fashion, Continental provides no guarantee as to the speed and frequency of such communications.

4.3 It shall be the responsibility of the Seller to review its stated prices from time to time and it is open to the Seller to make any alterations to its prices at any time. However, once a Buyer has accepted the Seller’s offer for the sale of particular Equipment, the Seller shall not alter the price accepted by the Buyer.

4.4 The Buyer shall make payment to Continental in full for the Equipment using the purchase process on the Website and payment for Equipment can only be made using a valid debit card or credit card.

4.5 Continental shall retain the payment made by the Buyer and shall be under no obligation to remit such monies to the Seller. The Seller shall not be entitled to any interest that accrues in respect of any payment made by the Buyer, whether in the form of additional credit or otherwise.

4.6 If the Seller is liable to VAT or other such sales tax, it is the Seller’s responsibility to (a) ensure that the price displayed for the Equipment is inclusive of VAT and (b) account to the appropriate authorities for VAT arising under a transaction at the applicable rate chargeable in the UK at the date of delivery. For the avoidance of doubt, Continental shall have no responsibility to either the Seller or the Buyer in relation to any VAT obligations of any nature in relation to any transaction concluded through the Website.

5. Delivery and inspection

5.1 Subject to clause 5.3, following Continental confirming to the Seller receipt of payment from the Buyer and providing the Seller with the Buyer’s contact details, it shall be the responsibility of the Seller to effect delivery of the Equipment to the Buyer. For the avoidance of doubt, the Seller shall be under no obligation to effect delivery or make the Equipment available for picking up until Continental has received payment in full.

5.2 If the Seller’s posting on the Website regarding its Equipment details a delivery cost or states that delivery is included, the responsibility of insuring the Equipment in transit to the Buyer shall be the Seller’s responsibility.

5.3 If the Seller’s Specification on the Website states that the Equipment is to be uplifted by the Buyer, it shall be the Buyer’s responsibility to arrange for collection of the Equipment from the Seller and insurance of the Equipment in transit in such circumstances shall be the Buyer’s responsibility.

5.4 In the case of large equipment that may need specialist handling (whether for dismantling, delivery and/or installation), it shall be open to the Seller and/or the Buyer to request assistance from Continental in such activities and, prior to any involvement from Continental, Continental shall provide the requesting party or parties with an estimate of its costs in such regard and such involvement by Continental shall be outside of and separate to this Contract.

5.5 Time for delivery shall not be of the essence unless a firm delivery date is agreed separately between the Seller and the Buyer in subsequent correspondence (and, for the avoidance of doubt, Continental shall have no liability to either the Seller or the Buyer in respect of delivery or the timings thereof).

5.6 The Seller shall inform Continental by email and without delay of the date that the Equipment have been either picked up by the Buyer or have been picked up by the Seller’s appointed carrier (and, in such case, the date of expected delivery).

5.7 The Buyer shall inspect the Equipment upon receipt and if by the expiry of three Business Days (the date of pick up or delivery being the first day) of:

(a) picking the Equipment up from the Seller; or

(b) receipt of the Equipment if delivered by the Seller’s carrier

and if the Buyer has not informed Continental of a material defect in the Equipment as compared to the Seller’s Specification on the Website, the Equipment will be deemed as being accepted by the Buyer and Continental shall only then be entitled to make the Seller’s credit (as described in clause 6) available to the Seller.

5.8 In the event of any dispute as to the quality or description of the Equipment, and pursuant to clause 2.2, the Buyer and the Seller shall be responsible for resolving the dispute as between themselves and they shall inform Continental as to the agreed outcome.

5.9 Continental shall not refund the money paid unless both the Buyer and the Seller agree in writing as between themselves that a refund is to be made and provided that Continental is provided with evidence of such written agreement to a refund being made.

6. Seller’s Credit

6.1 Upon confirmation from the Buyer that the Equipment have been received and materially conform with the Seller’s Specification, Continental shall make available to the Seller credit to the value of the amount received from the Buyer for the cost of the Equipment (excluding any delivery or insurance costs) plus 10% for the Seller to use against new, list price products sold by Continental.

6.2 The credit made available to the Seller pursuant to clause 5.1 may only be used by the Seller against new products sold by Continental (and not against discounted quotations) and no cash payment or refund will be made by Continental to the Seller in lieu of the credit. Any purchase of products by the Seller from Continental using the credit accrued via the Website shall be on Continental’s separate, standard terms of sale and, for the avoidance of doubt, the terms of this Contract shall be wholly inapplicable to such purchase.

6.3 The credit made available to the Seller in respect of any particular sale of Equipment through the Website shall be available for use by the Seller for a limited period of one (1) calendar year from the date upon which the Seller became entitled to it. Following any expiry of the credit, the Seller shall forfeit any rights to exercise the credit and shall not be entitled to any cash refund or some such other payment in lieu of the unused credit.

6.4 In the event that a refund is made to the Buyer in respect of Equipment pursuant to clause 5.9, the refund shall automatically result in a cancellation of a corresponding amount of credit otherwise available to the Seller.

6.5 Continental reserves the right to suspend or cancel any credit made available to the Seller should, in Continental’s sole but reasonable opinion, a suspension or cancellation of credit at any time appear to be a reasonable remedy in relation to any circumstances which may arise at any time including, but not limited to, if any dispute arises in relation to the Equipment.

7. Quality

7.1 The Seller warrants that on delivery, the Equipment shall conform in all material respects with the Specification it gave on the Website.

7.2 The Buyer shall inspect the Equipment in accordance with clause 5.7 and if the Equipment do not comply with the warranty set out in clause 7.1, the Buyer shall inform the Seller and Continental as soon as possible and no later than the expiry of the third Business Day after receipt (the date of receipt being the first day) and the Buyer shall make no further use of the Equipment.

7.3 If the Equipment is rejected by the Buyer as it does not conform to the warranty given by the Seller in clause 7.1, the Seller shall be responsible for the uplift of the Equipment from the Buyer’s premises.

7.4 The Buyer understands and acknowledges that the Equipment is, by its very nature, second hand and used and as such 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 the Contract.

8. Title to the Equipment and insurance

8.1 The obligation to insure the Equipment shall pass to the Buyer on completion of delivery or at the point the Equipment may be picked up by the Buyer.

8.2 Title to the Equipment shall pass to the Buyer when Continental has received payment in full for the Equipment in cleared funds.

8.3 Until the Equipment is submitted to the Seller’s appointed carrier for delivery or the Equipment is picked up by the Buyer, the Seller shall:

(a) store the Equipment separately from all other equipment held by the Seller so that they remain readily identifiable;

(b) maintain the Equipment in the condition as described on the Website; and

(c) keep them insured against all risks for their market value.

9. Unavailability and/or termination

9.1 Continental does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Continental may suspend, withdraw, discontinue or change all or any part of the Website without notice.

9.2 Continental will not be liable to either the Seller or the Buyer if for any reason the Website is unavailable at any time or for any period.

9.3 In the event that the Website and the Marketplace service is discontinued for any reason, Continental will work with the Seller and the Buyer to conclude any pending sale (that is, the sale of any Equipment for which the Buyer has made payment to Continental) but no new sales will be permitted, whether Equipment is advertised by a Seller or not.

10. Limitation of liability

10.1 The contract for the sale and purchase of Equipment is between the Seller and the Buyer on these Terms and, for the avoidance of doubt, neither the Seller nor the Buyer shall be entitled to require Continental to (nor shall Continental be obliged to) enforce any provision of this Contract as against either the Buyer or the Seller and Continental shall have no liability to either the Seller or the Buyer in respect of a transaction. The enforcement of any provision of this Contract against either the Seller or the Buyer by either such party shall be the responsibility of either the Buyer or the Seller in a particular transaction.

10.2 Nothing in these Conditions shall limit or exclude the Seller’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees or agents;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) defective products under the Consumer Protection Act 1987.

10.3 Pursuant to clause 2.1, and to the fullest extent permitted by law, Continental shall be held harmless by both the Seller and the Buyer in respect of any issue arising under any transaction effected through the Website and shall not under any circumstances whatever be liable to the Seller or the Buyer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any(f) special, indirect or consequential damage arising in relation to the Contract or any transaction carried out through the Website or the operation or inoperability (as the case may be at any time) of the Website.

11. General

11.1 Third party intervention. Continental reserves the right to report to the appropriate authorities any use of the Website that involves, at its sole discretion and opinion, any suspicious or potentially fraudulent activities by either the Seller or the Buyer or activities that may be in breach of any laws.

11.2 Assignment and other dealings. Continental may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

11.3 Severance. If any provision or part-provision of the Contract is or becomes 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 the Contract.

11.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

11.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.

11.6 Variation. Continental reserves the right to revise these Terms from time to time at its sole discretion and the version in force at the time of the Buyer making payment to Continental pursuant to clause 4.4 shall be the version applicable to a Contract between Seller and Buyer for the sale of particular Equipment.

11.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).