Terms of Service

You must be at least 18 years old to use the Platform. By using ToyCycleHub, you confirm that you have the legal capacity to enter into a binding agreement.

ToyCycleHub is a facilitator, not a party, to transactions between users. We do not own, inspect, or guarantee the items listed. All transactions are conducted directly between users.

You agree to:

• Provide accurate and complete information.
• Maintain the confidentiality of your account credentials.
• Be responsible for all activities under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

Users may list items for sale, swap, or donation subject to the following:

• Listings must be accurate, lawful, and not misleading.
• Items must be safe, clean, and appropriate for children and fit for purpose.
• Prohibited items include recalled toys, hazardous materials, or counterfeit goods.
• Buyers and recipients accept items “as is” unless otherwise stated by the seller.

Where applicable:

• Payments are processed via third-party providers.
• ToyCycleHub may charge service fees, clearly disclosed at the point of transaction.
• Users are responsible for any applicable taxes.

You agree not to:

• Engage in fraudulent or deceptive practices.
• Harass, abuse, or harm other users.
• Upload unlawful, harmful, or infringing content.

We encourage users to resolve disputes amicably. While we may assist, ToyCycleHub is not obligated to mediate or resolve disputes.

All platform content (excluding user-generated listings) is owned by ToyCycleHub or licensed to us. You may not copy, modify, or distribute without permission.

We may suspend or terminate access to the Platform at our discretion if you breach these Terms or engage in harmful conduct.

To the fullest extent permitted by law:

• ToyCycleHub is not liable for user transactions, item quality, or disputes.
• Our liability is limited to the amount paid (if any) to use the Platform.

You agree to indemnify and hold ToyCycleHub harmless from claims arising from your use of the Platform or breach of these Terms.

We may update these Terms at any time. Continued use of the Platform constitutes acceptance of the updated Terms.

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

The following detailed terms and conditions for all ToyCycleHub users take precedence to resolve any disputes.

WHAT ALL OUR USERS SHOULD KNOW — A GUIDE ON HOW TO USE TOYCYCLEHUB

1. Thanks for using ToyCycleHub!

About this guide. This guide sets out important information on how to use ToyCycleHub, which is an online marketplace to buy and sell second-hand items. Please read it carefully before you get started. Make sure to read additional terms. Don’t forget to read our ToyCycleHub Terms and Conditions that contain important, legally binding terms that take priority over any conflicting information contained in this guide.

For information about privacy. If you want to know about your privacy rights and how we handle your personal data, please check our privacy policy.

2. If you need any help

How to contact us. We’re ToyCycleHub Limited, a British company registered under number 15375582. You can find us at Suite RA01, 195-197 Wood Street, London E17 3NU, United Kingdom. Please email us at info@toycyclehub.com if you have any questions when using ToyCycleHub; we’ll be happy to help. For help with other issues. We hope we can resolve any issues that arise, but if there’s a problem we can’t sort out together, you can contact your national consumer protection authorities and Trading Standards Commission.

Help for Pro Sellers. If you’re a Pro Seller, check the “How disputes will be handled” section below for information on how any issues will be handled.

3. In case you didn’t know about ToyCycleHub

Our Services. ToyCycleHub allows registered individuals (users) to buy and sell second-hand items to each other. In some countries, professional sellers (Pro Sellers) can also sell items to Users. In addition to providing the ToyCycleHub platform, we also offer the following services:

Hosting: We act as an intermediary between buyers and sellers. Pro Sellers: We don’t buy or sell items ourselves and aren’t a party to any transactions.

Buyer Protection is mandatory and automatically applied for a fee when you buy an item from an individual seller using the buying button. It provides you with a refund policy if an item is lost, damaged, or significantly not as described. Customer Support will assist you during this process and follow our refund policy.

Buyer Protection Pro is mandatory and automatically applied for a fee when you buy an item from a Pro Seller/Premium using the buying button. It provides you with a refund policy if your item is lost or damaged. Customer Support will assist you during this process and will also help to facilitate your right of withdrawal.

Other paid optional services: Additional services are available to purchase for buyers and Pro Sellers, which are described below.

No connection to Pro Sellers. We do not have any financial connection to Pro Sellers.

4. Becoming our User

How to create an account. To create your account and keep it secure, you’ll need to provide us your email and choose a unique username and password. You will need to verify your email within 7 days; otherwise, your account will not be created. Disposable emails, email aliases, or masked emails can’t be used to create your account.

Verification and security actions. During the account registration process and at any time during your use of our services, we might ask you to:

• Help us verify information on your account (like your phone number, email or payment method),
• Provide additional relevant information,
• Remedy any incorrect or incomplete information on your account, or
• Answer security questions.

By this we verify that you are the person accessing your account and/or making transactions on the Site. These requests will be proportionate to the security concern we’re trying to resolve. If the information you provide is incomplete or incorrect, or if you don’t cooperate with our requests, we may either not create your account, take corrective measures, or block your account as described further below.

Account restrictions. You’re allowed to have only one account. But if we block your original account because someone unlawfully took it over, you can create a new account for yourself. You can also have one account and one Pro Seller account at the same time (if ToyCycleHub Pro is available in your country), but they must have different emails associated with them and be clearly separate accounts.

Promotions. We might notify you about special offers, competitions, games, or other kinds of promotions for some or all of our users (a promotion), depending on eligibility requirements we set. Certain features or functionalities of the site may be temporarily altered or unavailable during a promotion.

Third-party websites and content. Certain features on our site use tools and services that are provided by third parties and are governed by their terms and conditions. We’ll provide you with a link to that third party’s terms and conditions so you can review and accept their agreement before using these features.

How we’ll present information. To provide our users with the best experience, we may reorganize the catalogue, advertising spaces, or other information on the site. These changes won’t affect content you provide or our obligations under these terms.

5. Using information you share with us

How we use your personal data. We will process your personal data to fulfill our obligations and rights under these Terms and provide you with our services. Please read our privacy policy for more information about how we collect, store, use, and protect your personal data. We put a lot of effort into protecting your personal data, but even the strongest security measures can’t always shield against cyberattacks and guarantee that unauthorized third parties won’t find a way to access or affect your personal data. Therefore, please consider what personal data or other information you provide us with, as it is at your own risk.

How we can use your content. Your content comprises any content (including but not limited to listings, photographs, videos, and descriptions) that you upload, submit, or provide when using our Services.

By uploading your content, you all grant us and all companies within our group (affiliates) a worldwide, exclusive, royalty-free (i.e., free of any payments by us to you), perpetual (or during the applicable rights’ duration), transferable, and licensable license to use your content. This license allows us to (i) use, reproduce, process, analyse, translate, copy, display, modify, and create derivative works from content; (ii) adapt content for various purposes, including operational, commercial, marketing, and promotional, and for development and improvement of artificial intelligence (AI) and machine learning models and algorithms to improve our services and products; (iii) display content across various digital platforms and media (known or unknown), i.e., in banners and articles, on other websites, and on social networks like Facebook, TikTok, and Instagram.

Opt-out of Marketing Use — you may choose to stop featuring your content for marketing campaigns at any time by adjusting this in your account settings.

6. What you must and must not do

You must. We want to provide our services in a safe, trusted, and secure environment for all users browsing the site, but a user’s actions and behavior can negatively impact this objective. To allow us to achieve a safe and secure environment, you agree to do the following when you use our Site and Services:

• comply with these Terms and applicable laws,
• provide us with truthful, accurate, and up-to-date information about yourself and immediately update your account if your information changes (like your home address),
• keep your account login details and password confidential and tell us if you think someone might have unlawfully taken over your account,
• only share information from the Site with third parties, including on social media, if allowed by the Site’s “Share” button, and
• remain responsible for and have all rights to your content.

You must not. When creating an account or using the Site or Services, you agree you will not:

• Do anything illegal, unethical, or contrary to public security or that infringes our or someone else’s rights (like their privacy, confidential information or intellectual property),
• Use any kind of external software tools (including but not limited to: bots, scraping programs, crawling programs, spiders) when registering on the Site and/or when using the Site and/or Services (including but not limited to the purpose of promoting items and adding items to favorites) unless such a use is authorized, offered, or in any other way allowed by us,
• Use any external software tool that could disrupt the normal operation of the Site or Services or infect or damage another User’s computer,
• Adapt, copy, edit, distribute, or commercialize any content on the site without our prior written consent,
• Data mine, screen scrape, crawl, disassemble, decompile, or reverse engineer any part of the Site,
• Publish content that praises, promotes, encourages, or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-injury, suicide, torture, cruelty to animals, apology of war crimes, sexual exploitation of children and/or adults, cults or other unlawful content,
• Delete and relist the same item multiple times or multiple items in bulk,
• Collect, hold, or disclose information you obtained illegally that relates to other Users, their content, or their actions on the Site, or any information appearing on our Site if it might affect the rights of other Users,
• Promote other websites or companies via advertisements on our site.

7. Our rights to handle concerns

Taking corrective actions. If we find out you’re doing something that’s against the rules described in these Terms or obviously unlawful, we might apply any of the corrective actions listed below:

• Send you a warning message that you need to follow these Terms,
• Remove or automatically correct your items in the catalogue,
• Demote, hide, or remove your content from the site,
• Hide private messages you sent so your intended recipient can’t see them,
• Restrict your account by blocking your access to certain features (like sending private messages or limiting visibility of your items to other Users), or
• Notify local authorities about your activity if there’s a threat to someone’s life or safety.

Blocking Your Account. We might block your account temporarily or indefinitely if:

• We took a corrective action listed above, and you continue to repeatedly breach these Terms,
• You commit a serious breach of these Terms, meaning
• You provide us with incorrect, false, or misleading information on your account or fail to keep your information up to date,
• You don’t cooperate with us when we try to verify information you provide on your account,
• You abuse the Site’s functionalities, or
• One of the scenarios described below: Suspicions identified by a ToyCycleHub wallet provider or payment processor issues with Transactions, safety or legal concerns, minors or security threats, or Major provider transitions occur.

And when we say we will “block” your account, this means the following:

• You won’t be able to use the Site except to contact our customer support team (Customer Support),
• Your items will be delisted from the site and taken off from the Catalog,
• We won’t refund you for any Seller Services you bought from us and may still be using,
• You can complete any pending transactions and payouts, but if your Account is blocked because of security or fraud concerns raised by a ToyCycleHub wallet provider, because your account has been compromised or because it is objectively necessary to protect the legitimate interests and rights of everyone involved in a transaction, the following consequences may occur: (1) Your pending Transactions might be cancelled and all the fees paid by the buyers would be refunded to the Buyers, and/or (2) Your ability to make a payout might be restricted, (3) We may reject your compensation claim (if the reason for blocking was because of your fraudulent or other unlawful activity and/or abusing our compensation policies), (4) We may prevent you from creating a new account on the site.

Using automated means and acting upon the notification from the authorities. We may sometimes use automated software or algorithms to detect and take the corrective actions listed above or block your account, and we may also act after being duly notified by the competent authorities.

Corrective actions or blocking will be proportionate. Just to clarify, any of the actions described above will be proportionate to your violation and will take your interests into account.

Statement of reasons. If we take a corrective action listed above or block your Account, we’ll let you know:

• our reasons for doing so,
• the restriction we’ll apply to your content or your account,
• the facts and legal grounds we relied on to make our decision,
• information about using automated means to make our decision, and
• information about what recourse you have.

However, we won’t provide you with this information if doing so would violate the law or direction of a legal authority, disrupt a fraud investigation, or enable fraud to continue or be considered a serious breach of these Terms or a ToyCycleHub wallet provider’s terms and conditions.

Taking corrective action or blocking without prior notice. We can take corrective actions or block your account without notifying you reasonably in advance if one of the below scenarios occurs. We’ll only provide you with a statement of reasons at the time we take action:

• Suspicions identified by a ToyCycleHub wallet provider or payment processor: a ToyCycleHub wallet provider or payment processor reports a suspicion to us that you violated the law, breached their terms and conditions or misused the Site when using their payment and/or wallet services (including illegal sales on the Site, money laundering, terrorist financing, scamming, use of abusive, threatening, and/or offensive language, identity theft, or use of false documents).
• Issues with Transactions: You start a dispute resolution procedure about a transaction through a payment processor, and there are objective and legitimate reasons to believe that, in this context, you violated the law or breached these Terms or misused the Site.
• Safety and legal concerns: your content or use of the services violates the law, regulations, or rules of public security or is likely to have serious consequences for the health, safety, or legitimate economic interests of us, other users, Pro Sellers, or third parties. This might be: (a) Uploading content that condones crimes against humanity, incites racial hatred or violence, concerns child pornography or other sexual harassment or seriously threatens other users; (b) Committing identity theft or any other type of fraud; (c) Using external software tools when registering on the Site and/or when using the Site and/or Services contrary to these Terms; or (d) Misusing the Site in a way that puts the safety of other users or security of the Site at risk (such as logging in from suspicious IP addresses or scamming or spamming other users). We’ll conduct a fraud investigation and seriously examine any claims you made.
• Minors: If you have created an account on your own and you are a minor.
• The law prohibits us: notifying you in advance would violate a law, regulation or direction of a legal enforcement authority, or could put us or ToyCycleHub affiliates at risk.
• Security threats: there’s a threat to the security or smooth operation of our IT system.
• Repeated or serious breaches: you commit a serious or repeated breach of these Terms.

Your options for recourse. You can challenge our decision to take any corrective action by:

• Submitting an appeal through our system. To do this, click the link in the statement of reasons we sent you (if we blocked your account or took a corrective action listed above) or other communication we sent you (if you had notified us about non-compliant content or accounts). We’ll review your appeal as soon as we can under the supervision of qualified staff, or
• Bringing an action before national courts under applicable laws.

8. How to set up a ToyCycleHub wallet (ToyCycleHub balance)

About ToyCycleHub wallets. You can create a ToyCycleHub Wallet, which is an electronic wallet available on the site. You can use your ToyCycleHub wallet to:

• receive and store funds for an item you sell,
• Buy an Item from another User using funds in the ToyCycleHub wallet (if this payment method is available on the checkout page),
• Transfer funds from your ToyCycleHub wallet to your personal bank account (a payout), or
• Purchase optional services available to buyers and sellers.

Who needs one? Any user can set up a ToyCycleHub wallet following the steps below. If you’re a Seller, you’ll need to create a Wallet within 5 calendar days of making your first sale.

How they’re provided. ToyCycleHub Wallets is a payment service that is provided by our regulated third-party payment service providers (ToyCycleHub wallet providers), which includes the following:

• PayPal Limited, a licensed electronic payment institution.
• Stripe Pay Limited, a licensed electronic money institution in the UK which is regulated by the Financial Conduct Authority.

If we need to change the ToyCycleHub wallet provider for your country, for example, due to the termination of an agreement with one of the payment service providers listed above, we will inform you in advance and let you know which ToyCycleHub wallet provider will be providing services to you and request your consent to any additional actions required to facilitate the transition (if needed).

How to open a ToyCycleHub wallet. To request to open a ToyCycleHub wallet, simply go to your account and:

• Go to “Profile,” select “Balance,” and then press “Activate Balance.”
• If you don’t open a wallet earlier, you will be asked to do so within 5 calendar days of making your first sale; otherwise, you will not be able to Ship the sold item, and the transaction will be cancelled.
• Provide us with your real, full name and address; otherwise you might not be able to create a ToyCycleHub wallet (in case it is a made-up name or random text). Depending on the ToyCycleHub wallet provider, you may also be required to provide the following: either your date of birth or personal code, address, nationality, phone number, and/or bank details (if applicable), and
• agree to the ToyCycleHub wallet provider’s terms and conditions and acknowledge their privacy policy (we’ll provide you with a link to these in the wallet opening form). The terms of your ToyCycleHub wallet provider govern your use of the ToyCycleHub wallet, including when your ToyCycleHub wallet may be considered inactive, and any measures that may apply.

KYC Checks. ToyCycleHub wallet providers require you to complete the “Know Your Customer” procedure (KYC checks). KYC is a procedure based on anti-money laundering and terrorist financing regulations that require ToyCycleHub wallet providers to verify your identity and suitability for the use of a ToyCycleHub wallet.

The initial check is done during the opening of a ToyCycleHub wallet, as described above in the “How to open a ToyCycleHub wallet” section. ToyCycleHub wallet providers may require you to complete additional KYC checks (or may obtain such data from official state registers), and, depending on their internal procedures and applicable laws, you may need to provide a copy of your passport, driver’s license, bank statement, and/or proof of residency in the following cases:

• You reached a certain threshold, e.g., of the total value of transactions you made, a total amount of payouts using your ToyCycleHub wallet, or a certain sole threshold, etc. — these thresholds depend on which ToyCycleHub wallet provider is providing services to you.
• At any point after you opened a ToyCycleHub wallet, if the ToyCycleHub wallet provider is required by applicable laws, its internal procedures, and rules, or suspects that your ToyCycleHub wallet is connected to fraudulent, suspicious, or illegal activity.

If you fail a KYC check. If you fail a KYC check or don’t complete one during your initial request to open a ToyCycleHub wallet, then you won’t be able to open a ToyCycleHub wallet. If this happens at any point during your use of a ToyCycleHub wallet, your ToyCycleHub wallet will be suspended, and you might not be able to make purchases with funds in the ToyCycleHub wallet or make a payout (you can find more details about payouts further below). These limitations to your wallet can also be applied by the ToyCycleHub wallet provider in cases where it suspects that you are connected to fraudulent, suspicious, or illegal activity.

How to make a payout. You can request a ToyCycleHub wallet provider to make a payout by going to “Settings” in your account and adding your bank account number, full name, and billing address. You can only make a payout in your local currency and within your home country. Making a payout in another currency or outside of your home country is not allowed.

It is your sole responsibility as a user to ensure that you provide up-to-date and accurate bank details. ToyCycleHub does not accept any liability for any unsuccessful payouts as a result of you (without limitation) providing incorrect bank details and/or withdrawing money to a closed or non-existent bank account.

9. How to make payments

How to pay on our site. We aim to make paying for items or purchasing our services as easy as possible. You can make a payment using:

• Your ToyCycleHub wallet — if you have funds in the ToyCycleHub wallet, it will be used automatically as the primary payment method (unless this payment method is not provided on the checkout page), and if you don’t have enough funds to complete your purchase, you can pay the rest with a different payment method,
• your credit card or debit card, or
• Another payment method we might introduce on our site.

In some cases, certain payment methods might not be available (e.g., international transactions), and you will see all available options during checkout.

Processing your payment. We use authorized third-party payment service providers (Stripe Payment Processors) to do the following:

• Process online payments for the purchase of items or optional services on our site,
• Process payouts from your ToyCycleHub wallet.

We also contract with third-party providers to store your payment method information. We’ll provide you with help so you can use your ToyCycleHub wallet and our payment processors, but we don’t handle your payments ourselves.

Holding money securely. If you buy an item, all money you pay will go into a separate Escrow account that’s safely controlled by a ToyCycleHub wallet provider until the transaction is completed. Then, the item price and any shipping costs you have paid besides prepaid shipping fees will be released to the seller’s account. The ToyCycleHub wallet and the Buyer Protection fees paid will be released to us.

Safety & security. Please ensure that your payment details are accurate so that payments made on our site are safe and secure. Otherwise, your payment might be cancelled, or you may be required to prove a payment method is yours or that you authorized a payment if the automated software systems think it was stolen.

To keep your payments secure, you might be required to complete Strong Customer Authentication (SCA) in accordance with applicable laws. If SCA is required, you will be asked to confirm your identity using additional security steps. If authentication cannot be completed, the transaction or other action where this verification was required (accessing your ToyCycleHub wallet, etc.) may be declined for security reasons. To prevent fraud and comply with applicable legislation, ToyCycleHub wallet providers may confirm that the bank account you added matches the details you provided in your ToyCycleHub balance.

Currency Conversion. We also have a currency conversion service that’s provided by our payment processors or ToyCycleHub wallet provider and allows a buyer to pay for an item in their local currency when it’s sold in a different currency. This service is offered in specific countries as identified. If currency conversion is available in the country where you are registered, a fee of either 1.2% or 3% of the item price will be applied by the payment processor or ToyCycleHub wallet provider, depending on the currencies used.

10. Sending messages and leaving reviews

Private messages. You can send a private message to other Users to exchange information about an item. You must not send a private message to another user for any other reason, especially:

• Advertisements,
• Malware,
• Unsolicited or mass messages that are sent to 5 or more users, and
• Messages that are or could be considered illegal, obscene, harmful, unethical, threatening to public security, inappropriate or in any way incompatible with the best interests of ToyCycleHub and our users.

Leaving a review. After a transaction is complete, you can choose to write and publish a review about the transaction and other users on our site. All reviews you publish must be fair and genuine. Please also be aware that we won’t compensate you in any form for leaving a review, and we don’t review or verify reviews before they’re published on our site.

11. Ending our relationship

You can end our relationship. You can end your relationship with ToyCycleHub and stop your use of our services at any time and free of charge by deleting your account. Or we can. We can also end these Terms at any time and for any reason by giving you 7 days’ prior written notice.

What happens then? These terms will apply until any pending transactions and payouts are completed.

READY TO MAKE A DIFFERENCE TO THE ECOSYSTEM

12. Selling an Item on ToyCycleHub

What you can sell. You must have the right to transfer ownership of an item to a buyer. The item you want to sell must also:

• Comply with the following entertainment items, such as Toys, memorabilia, and equipment for play and/or education from childhood to adulthood towards leisure, cognitive, and physical development, including magazines and books, cards, music, and video media.
• Hobbies and art collectibles, such as board games, puzzles, trading cards, figurines, tabletop and miniature gaming, stamps, memorabilia, postcards, art and craft supplies, coins and banknotes, musical instruments and gear, collectibles storage items, and gaming accessories.
• Sports equipment related to activities such as cycling, fitness, running and yoga, outdoor, water, team, or racquet sports; golf; equestrian; skateboarding, boxing and mixed martial arts, casual sports and games, such as boules and darts and winter sports.
• Electric and/or power-assist equipment must be fully functional and compliant to respective national and international standards and regulations.
• Comply with restrictions and requirements of the payment processor’s prohibited items, if applicable.
• Not be something you originally purchased in bulk or as a dropship product (as in, you don’t physically have the item) with a low resale value.

Listing an item for sale. To list an item for sale on the site, you will need to take and upload a photo and write a description (neither can be taken from the internet) of the item that accurately reflects its quality and appearance (including any defects or alterations). Once your item is listed on the catalogue and published on the site, this means you officially put forward an offer for sale, which can be accepted by a buyer.

Buyer’s choice. If a buyer proposes a new price for an item as a counteroffer, the item is not considered sold if you accept their counteroffer. A buyer always has the option not to buy your item after your acceptance of the counteroffer. Your item is sold after a buyer buys it by clicking the buying button and their payment is accepted.

Withdrawing your listing. You can withdraw a listing at any time before a buyer purchases the item.

How we rank & recommend info. We use automation tools to understand, rank, and recommend relevant information to users browsing our site. More information about how we use automation to recommend certain information on the “ToyCycleHub feed” is on our learning center.

READY TO SHOP ECO-CONSCIOUS?

13. Buying an Item

How to buy an item. To purchase an item from the catalog, you will need to:

• Click the buying button,
• Select a payment method and delivery option, and
• Click the paying button on the checkout page.

How much you’ll pay. For every transaction, you will pay the following fees that will be held in escrow:

• Item price,
• Shipping fee,
• Buyer Protection fee if applicable,
• Commission on each transaction/fees for optional services.

What happens next? We’ll receive updates from the carrier and will notify you when the item should have been delivered (or if the item appears to be lost). Read more on the process in the chapter below.

If you buy an item outside of our site. If you buy an item offline or outside of our site, we are not responsible for that transaction. That purchase is made at your own risk and will not be covered by any protections we offer for transactions made on our site.

14. Buyer Protection

Purpose of Buyer Protection. Buyer Protection provides you with a refund policy if an item is lost, damaged, or significantly not as described. Customer Support will assist you during this process and follow our refund policy. Your payment will be held in escrow until the transaction is marked as completed. As a heads up, Buyer Protection is not an insurance or a legal protection service and is in addition to all other legal rights or guarantees you have. Buyer protection is mandatorily applied for a fee for each purchase made using the buying button.

Refund policy. You can claim a refund for an item if it’s:

• Confirmed as lost or damaged during shipping,
• Significantly not as described (SNAD), which means there’s a significant difference between the item you received and its description or photo on the catalog, such as a different size, color, or severe damage (like stains, smells, or holes), or the item was missing from a bundle (SNAD), or
• A SNAD counterfeit.

If there are any issues with the item. You must report the issue under our Buyer Protection Policy within 2 calendar days from our notice that the item has been delivered, or it seems lost (the Refund Request Period). This will suspend the transaction and all money for it will continue to be held in escrow until the issue is resolved. If you don’t report an issue to us within the Refund Request Period, the transaction will automatically be marked as completed.

Handling a SNAD item (except SNAD counterfeit items). We suggest discussing it with the Seller first to explain what issue you’re experiencing so you and the Seller can agree on a resolution you’re both happy with. But if you’re unable to reach a solution, you can escalate the issue to us. If you claim an item is SNAD within the refund request period, we’ll notify the seller about this. The seller can either:

• Not require you to return the Item to them and grant your refund, or
• Require you to return the Item to them within 5 business days (unless communicated or agreed otherwise) in order to receive a refund. You’re responsible for return shipping costs unless agreed otherwise with the Seller, and we’ll notify the Seller once they should have received the item or if it appears to be lost. From the time we notify the seller, they’ll have 2 days to confirm they have the item and everything is ok (at which point you’ll receive your refund or report an issue, in which case your money will still be kept safe in escrow until the issue is resolved). If the Buyer purchased items as part of a bundle, they can return only the SNAD Item(s) out of the bundle.

If the Seller doesn’t take one of the above actions within 14 days of you reporting the issue, or if you or the Seller reports an issue to us at any point during this process, Customer Support will make the final decision on whether an item is SNAD.

Handling a SNAD counterfeit item. If you claim an item is a SNAD counterfeit within the Refund Request Period, we’ll investigate the issue and reach out to you and the seller and obtain information from both sides in order to make an objective decision.

• If the Item’s authenticity is not doubted, then we’ll complete the Transaction and the money in Escrow will be released to the seller minus the Buyer Protection fees, which will be released to us.
• If there’s not enough information for us to determine whether the Item is a SNAD counterfeit or not, then we’ll deem the case ambiguous and cancel the transaction, refund you, and require you to return the item to the seller and pay for return shipping costs (unless otherwise agreed with the seller).
• If there’s strong evidence the Item is a SNAD counterfeit, then we’ll notify the seller. They’ll have 24 hours to provide us with evidence that the item is authentic. If they can’t or don’t provide this, we’ll cancel the Transaction, and you won’t need to return the item to the Seller in order to get a refund.

If an issue is escalated to us. We’ll review your case and may ask you and the seller to provide us with information and evidence to inform the objective decision about whether your case is eligible for a refund under our Refund Policy. You and the Seller agree to respect the final decision.

Why you wouldn’t get a refund. You won’t be able to receive a refund if you:

• Report an issue that an Item is SNAD, but it’s determined as not a SNAD,
• Have already confirmed that everything was ok with the Item when you received it,
• Didn’t report the issue to us within the Refund Request Period,
• Didn’t provide Customer Support with proof an Item was damaged or SNAD within timelines communicated to you,
• Used, or changed the Item in some way before you returned it, or
• Are under investigation because you’re suspected of abusing or misusing the Buyer Protection by claiming the refund.

WHAT ELSE DO WE OFFER?

15. Optional services for Sellers

Seller Services. Sellers can choose to buy other optional services described as Boosts on the site for additional fees (Seller Services). Have a look at the section called “How to make payments” for information on how you can purchase Seller Services. Each Seller Service is a single-use automated service and is not transferable from one item to another or between users. We’ll tell you how much a particular Seller Service costs and how long you can use it before you buy it. We’ll also send you a confirmation of your purchase to your email address.

16. Optional verification services for buyers

Verification Services. We offer the following paid optional verification services for Buyers in certain countries where it’s available:

• Item Verification Service: For eligible Items (excluding electronics), we will use all commercially reasonable efforts to confirm the Item’s authenticity based on objective criteria, including brand knowledge and information available to us. If your item is eligible and whether it’s available in your country.
• Electronics Verification Service: For specific items listed in the electronics category, we check the items’ attributes, condition, functionality, and authenticity based on objective criteria, including brand knowledge and information available to us.

*Electronics verification: if your item is eligible, check whether it’s available in your country.

These services are optional for buyers and offered separately in addition to our Buyer Protection service. The Buyer and the Seller will be informed of the progress of the verification process through private messages on the site.

How it works. Verification Services can only be purchased for a single eligible item. We may update the eligibility criteria in the future. Eligible items will also automatically be marked with a badge on the catalog. But if a listing is modified by the seller after it’s listed, it may no longer be eligible for verification services.

What Buyers need to know:

• Purchasing process: We’ll let you know how much the chosen Verification Service costs for an item before you pay for it (check out the “How to make payments” section for ways you can pay). If you buy a Verification Service, the Seller will send us the Item to verify it before it’s shipped to you. We’ll send the item to you if it passes verification. Otherwise, we’ll send the item back to the Seller and the transaction will be cancelled if it fails verification. You’ll receive a refund based on the refund request falling within our refund policy and time scale.
• Returning an Item bought with a verification service, provided that you’ve notified us within the refund request period, and: (a) For item verification, returning for SNAD: If you want to return an item because you believe it’s SNAD, the item must be sent back to us to go through another item verification process. (b) Returning for SNAD counterfeit: If you want to return an Item because it’s a SNAD counterfeit, the item must go through a verification process.
• If, based on the initial item verification conducted by us before sending the item to you and any additional proof, there’s no reason to doubt the authenticity of the item, the transaction will be completed and the item price will be released to the seller; or in all other cases we’ll ask you to send the item back to our warehouse for another item verification. If the item passes, we’ll send it back to you, and the transaction will be completed. But if the item fails, then the transaction will be cancelled, we’ll return the item to the seller, and provide you a refund based on our refund policy and time scales.
• For Electronics Verification: If you want to return an item after you reported it to us as being SNAD (as described in the section “Buyer Protection” above), the item must be sent back to us to go through a return check process to make sure it is the same item that was purchased before it is returned to the seller and the transaction is canceled. If the item is not the same, it will be returned to you, and we will release the money to the seller.

What Sellers need to know:

• No opting out: You can’t opt-out of allowing a Buyer to purchase Verification services for your item if it’s eligible, as these services are provided by us to the Buyer.
• We may ask for more information when the claim is escalated to ToyCycleHub if there is a reason to doubt an item’s authenticity, functionality, condition, or any other attributes of the item (whichever relevant for each of the verification services); we might ask you to provide additional information or evidence. We will ultimately decide whether we can verify the item.
• Non-compliance with Catalogue Rules: If we discover an Item doesn’t comply with the catalogue rules during the verification process, we might fail the item.
• Consequences for failing: If the Item doesn’t pass the verification process either (i) because there is reason to doubt the item’s authenticity for Item Verification; (ii) because the attributes, condition, and functionality are not the same as described in the listing, or there is reason to doubt the item’s authenticity for electronics verification; or (iii) because, generally, the item doesn’t comply with the catalogue rules, the transaction will be cancelled. In case the item doesn’t pass the verification because it is considered as not authentic or because it doesn’t comply with the Catalogue Rule: It can no longer be listed on our site. See more details about these restrictions here.
• Lost or damaged Items: If the Item gets lost or damaged while we’re examining it, we’ll refund the buyer for the damaged item and compensate the Seller for the full listing price of the item. You can find more details about this.

Our responsibilities for verification services:

• Checking the Item: The Verification Services will be performed with due professional care and diligence using appropriately trained personnel. They will examine the item based on objective criteria, including their brand knowledge and the information at their disposal. Brands do not endorse and aren’t associated with the verification services in any way. ToyCycleHub is not involved in any modification, repair, replacement, or refurbishment of the item and does not cover detection of manufacturing or safety defects.
• Our liability: We’ll take responsibility for any harm caused by our intentional actions or serious mistakes. This includes situations where there’s harm to life, body, or health and mandatory legal obligations. If we fail to meet important contractual obligations, i.e., obligations which are essential for the proper performance of the contract and the performance of which the contractual partner can and may regularly expect, our responsibility is limited to the foreseeable damage that’s typical for the agreement. ToyCycleHub, or ToyCycleHub affiliates, along with our representatives, third parties involved in the performance of services and Agents won’t be held responsible beyond these limits.
• For the electronics verification service, the manufacturer of the Item and the seller is responsible for the safety of the item. If the item you purchased or sold on ToyCycleHub as sealed, ToyCycleHub will not be liable for the loss of guarantee of conformity or commercial warranty by the manufacturer during the electronics verification process.
• Removing data from the item. We are not responsible for completely removing data, including confidential and personal data or disconnecting personal accounts from the item. We do not take any responsibility or liability for any lost data.
• Sending items abroad: Sometimes you may need to send your Item to a different country for the purpose of verification. Import/export rules and procedures might apply in that situation.
• Confiscation or destruction: If the Item is taken from us by legal authorities or the owner of the intellectual property rights in the item, we won’t be able to return it to you (whether you’re the Buyer or Seller of the Item) and will follow the legal process.
• Unexpected events: If something happens that’s outside of our control (like a natural disaster, event of combat action (irrespective of whether war has been declared), riots, explosions, fire, floods, earthquakes or epidemics), we won’t be responsible for delays or problems. We’ll try to keep you updated and fix the issue as soon as we can.
• Undeliverable Items: If you intentionally or negligently provide an incorrect delivery (including in case of item return) address or don’t accept a delivery, we may attempt redelivery to the same address. If a redelivery attempt is unsuccessful, we’ll notify you about this, and you’ll have 30 days to provide a correct address or facilitate the delivery. If you don’t confirm your preference within this timeframe, you waive your right to receive the Item under these terms, and we may dispose of, sell, or repurpose the Item. We will inform you about these legal consequences above. You are also responsible for any additional costs resulting from all failed deliveries. In case the item cannot be delivered to the Seller, the buyer authorizes us to take the above steps and exercise the above rights on the Buyer’s behalf in relation to the Seller.
• Suspension of Verification Services: We reserve the right to suspend/discontinue, with reasonable advance notice, the availability of the Verification Services. Where we need to make urgent changes for security, safety, or legal or regulatory requirements, we may not be able to provide you with advance notice, but we will let you know as soon as we are able to.

17. Shipping

What’s Prepaid Shipping. You can purchase a prepaid shipping label on the site during your transaction in order for the carriers to transport and deliver the item you purchased (prepaid shipping). You must use this label provided to you on the site to send and/or return an item within 5 business days of purchase (unless communicated or agreed otherwise); if not, the transaction will be cancelled or completed (in case of an item return) automatically.

How much it costs. Prepaid Shipping fees will vary depending on the parcel size, shipping route, carrier, and potential discounts. You’ll see how much it will cost before you check out.

Tracking the parcel and carriers. You can track the journey status of the item on the site, which is based on information provided by the carrier. As far as allowed under the law, we disclaim any liability if the carrier provides inaccurate, incomplete, or outdated tracking information. The delivery time of the item will depend on the carrier used. You can find out more about which carriers are currently available for prepaid shipping, but we can add, suspend, or remove carriers at any time. The carriers will perform the delivery of the item. We aren’t a carrier and/or a postal service provider and don’t physically handle, sort, deliver, or otherwise deal with an item purchased on the site during the process of delivering the item.

What you’re responsible for. If you send an item using prepaid shipping, you must comply with ToyCycleHub’s packaging rules and forbidden item list. If there’s evidence that you didn’t comply with these “terms” or the “catalogue rules,” you may not be eligible to receive a refund or compensation if a parcel is lost or damaged in transit.

If a parcel is lost or damaged. If there’s a dispute about the loss or damage caused to an item during transit, the information provided by the carrier will be considered accurate unless you provide us with evidence to the contrary before the transaction is completed. If an item was packaged properly but the parcel is lost or damaged in transit:

• The Buyer may receive a refund for the damaged Item under our Refund Policy (covered by Buyer Protection), and
• The Seller may receive lost or damaged compensation on ToyCycleHub, and the amount may depend on which carrier was used.

If another method besides Prepaid Shipping is used to ship an item purchased on the Site, the seller is responsible for lost or damaged parcels and claiming compensation from the carrier directly.

LET’S WRAP THIS UP — FINAL IMPORTANT TERMS

18. What you’ll see on our site

We own our site. We, ToyCycleHub affiliates and/or our licensors, own all intellectual property rights to the site, including its system, layout, software, trademarks, and domain names.

Site availability. We aren’t responsible for interruptions in the availability of our site because of maintenance or any events that are beyond our reasonable control.

Considering the legitimate interests of users and, if possible, based on relevant factors (like the safety of the site), we will try to:

• Inform you about planned or existing availability restrictions,
• Plan downtime outside of peak usage hours, and
• Limit downtime for regular maintenance to a reasonable amount consistent with market standards.

19. What you and we are responsible for

What you’re responsible for. When using our Site and Services, you are responsible for:

• Your Content and any actions on the Site that happen under your account,
• All Items listed, sold and transferred by you to Buyers (including any declarations you make about items),
• Published reviews and any disputes that result from your actions,
• Taxes. We aren’t responsible for any tax liabilities or reporting obligations that might apply to you because of your activities on the Site.

Hosting provider. We provide Hosting services for you and other users; we do not run general monitoring of content or items listed on the site. As far as the law allows, we have no liability to you for any loss or damage you suffer that relates to a transaction, except if expressly covered by Buyer Protection, our commitments in these Terms, or our legal obligations.

20. Liability

For the purposes of this Section 20 only, all references to “we,” “us,” or “our” include ToyCycleHub affiliates. Our role. As mentioned in the “About you and us” section above, we are not a party to any transactions. Transactions are only between you and a Buyer or Seller (as appropriate).

What we are always responsible for. Nothing in these Terms limits and excludes our liability for:

• Death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation by us; or
• anything else that UK law does not allow us to limit or exclude.

Types of loss we are not liable for. As far as the law allows, we are not liable for:

• Loss of expected savings (for example, a discount or saving you expected), loss of income or revenue (for example, money you expected from selling items on the site), or loss of profits or business;
• Distress, anxiety, upset, disappointment, inconvenience, or emotional or psychological harm arising from any dispute with us and/or with another User, or from how we handle any complaint or claim you make;
• Payment service failures outside our control (including but not limited to any failure, delay, interruption, or error by a payment processor, Wallet Provider or any other financial institution involved or any failure, delay, and/or limitations imposed on your ToyCycleHub wallet according to the “KYC Checks” section, including any restrictions on your ability to do a Payout);
• Compensation for time you spend making, pursuing, or resolving a claim or complaint against us, or in connection with any legal proceedings;
• Interest, other than interest awarded by a court, or
• indirect or consequential loss (meaning any loss that is a side-effect of the main loss or damage, even if we could have foreseen it when you agreed to these Terms).

Liability to all users. We are not responsible for any loss or damage that arises from:

• Any errors, interruptions, or technical issues affecting the Site, or any loss of data or content;
• Any unauthorized access to your Account if you have not kept your login details secure;
• Your use of, or inability to use, the Site or Services; or
• Use of the Site or Services by any minor on whose behalf you have accepted these Terms.

Liability to Buyers. In addition to the exclusions applying to all Users above, and except as expressly covered by our Refund Policy (as described in the “Buyer Protection” section above), we are not responsible for any loss or damage that arises from the following:

• item descriptions, any other item information provided by a Seller and/or any item information that you were not provided by a Seller; or
• any correspondence with a seller.

Limit on our liability. Regardless of anything else in these Terms, our total liability to you for all claims arising out of or connected with these Terms or your use of our Site is limited to the greater of:

• the fees directly in dispute (being, where applicable, the Item price, the Buyer Protection fee, any shipping fee, and fees for any optional services); or
• £100.

Your consumer rights. Nothing in these Terms affects your legal rights as a consumer.

21. How disputes will be handled

Disputes between you and us. If we can’t resolve a disagreement you raise through our complaints team, or if you’re unhappy with the result, you can contact the national consumer bodies for alternative dispute resolution services. If you have a dispute with us, you can also submit a claim to the courts of where you live (your habitual residence).

Governing law. These terms are governed by the laws of England and Wales. If you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in.

22. The final bits you need to know

Updates to these Terms. We might need to update these Terms in the future. Depending on the type of change, we’ll notify you within 15 days.

What change will we make?

• Editorial tweaks (like correcting a spelling error). We’ll go ahead and make those updates, which you can review whenever you like. A change to resolve a security concern or to prevent harm or abuse.
• Adding new services or new functionalities and improvements to existing Services (but these won’t impact any pending transactions or negatively affect your use of the Services).
• Any other change to these Terms 15 days in advance. Click “accept” to agree to the new Terms of receiving our notice. In case you do not wish to accept the new terms, you may still close your account free of charge, contact customer support, and download your personal data and complete a payout.

These changes will not apply retrospectively and will not affect any transactions you have already completed on the site. If you disagree with a change, if you don’t agree with the changes we made to these Terms: You can end our relationship free of charge after any pending transactions are completed.

Assignment. We can transfer our rights and obligations under these Terms to another organization, but we’ll let you know in advance. If you disagree, you can end these Terms immediately by closing your account. You aren’t allowed to transfer your rights and obligations under these Terms to another person.

No partnership. These terms don’t create a partnership or agency relationship between you and us. Neither of us has any right to enter into an agreement on behalf of the other or legally bind the other in any way.

Severability. If a court or relevant authority decides that any section of these Terms is illegal, the remaining sections will remain in full force and effect.