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Terms and Conditions

These Terms and Conditions apply to the relationship between us and govern your use of our services provided at our web site E-WELLY.COM. In these Terms and Conditions reference to E-WELLY.COM or “we” or “us” is a reference to E-WELLY Limited and reference to “you” or “your” is reference to anyone who uses our services at our web site. These Terms and Conditions may be amended from time to time. Any changes will not have retrospective effect. By using our web site you are accepting the Terms and Conditions current at the time of that use.


  1. E-WELLY will use reasonable endeavours to keep the web site operational on a continuous basis but accepts no responsibility, and will not compensate, for periods of non-availability due to circumstances outwith E-WELLY’S reasonable control or during periods of maintenance, support or upgrading.
  2. E-WELLY reserves the right to vet items that a seller offers for sale on our web site and to vet any descriptive copy that a seller may provide. E-WELLY reserves the right to reject any item for sale, reject any copy, and to remove items or copy from the web site and to bar any user from use or future use all in the sole discretion of E-WELLY but in reserving these rights is not implying any warranty of any nature in relation to items exposed for sale or copy attached to such items.
  3. E-WELLY is not a party to any contract between users of the site as buyers and sellers and accepts no responsibility for, and is not validating or warranting either expressly or impliedly, the existence of any item advertised for sale, the ownership of any item advertised for sale, the solvency of any buyer or seller, the ability of any buyer or seller to fulfil their contract, the truthfulness or legality of any copy and nor is E-WELLY warranting or representing that any such contract will be fulfilled. E-WELLY does not accept any responsibility to check identity or legal entitlement to contract. You contract with another user as buyer or seller entirely at your own risk in all respects.
  4. E-WELLY is simply a resource displaying content provided by a user and, other than displaying items that a user wishes to sell, E-WELLY takes no active step to procure or encourage purchase or sale and is not an agent for any user of the web site in any matter at any time.
  5. Notwithstanding the above if you are selling an item then you are deemed to have warranted to E-WELLY, by exposing the item for sale on our web site, that you are legally entitled to sell the item and that you will fulfil the terms of any contract entered into by you in relation to that item with a buyer. If you are a buyer you are warranting to us that you will fulfil any contract that you enter into with a seller. Each buyer and each seller undertakes to indemnify E-WELLY fully, including in respect of legal costs and fees, against any claim that may be made by another user against E-WELLY in respect of any matter arising from the dealings of that buyer or seller with that user apart from claims related to death or personal injury where the claim arises as a result of any failure in a duty by, or contractual breach by, E-WELLY.
  6. The contract between E-WELLY and you as a seller comes into existence only when you have paid any fee due to us and is fulfilled by us by exposing your article for sale on the site for the agreed period of time but subject to paragraph 1. If we exercise our right under paragraph 2 to remove the item for sale or to exclude you from use of the site, we are still entitled to retain the fee. You waive the right to cancel any contract under the Consumer Protection (Distance Seller) Regulations. If you are a buyer then any contract between us comes into existence when you access the site and accept the terms and conditions then current.
  7. E-WELLY excludes any duty of care to you and any warranties express or implied all to the fullest extent permissible by law. Should, notwithstanding these Terms and Conditions, E-WELLY have any liability then you agree that our liability will not extend to any economic loss or any special or consequential damages and that our liability, if any, will not exceed where the claimant is as a seller, the fee paid by that seller to us, and where the claimant is as a buyer the price of the item that is the subject of the claim and in the absence of any such item £100 Sterling. E-WELLY however does not exclude or limit liability for personal injury or death.
  8. You agree to indemnify E-WELLY fully against any liability attaching to or incurred by E-WELLY (including legal fees and costs) arising out of your breach of these Terms and Conditions.
  9. You warrant to E-WELLY that your use of the site does not breach the rights of any third party.
  10. Your use of the web site and any contract between you and E-WELLY is governed by the laws of Scotland and it is a part of any such contract that you and us agree to the exclusive jurisdiction of the Scottish Courts in dealing with any matter between us arising out of the contract and/or your use of the web site.
  11. By your use of the web site you are deemed to understand that some personal data relating to you will arise and will of necessity be generated in such a form that it is held as computer data. You expressly authorise and permit us to hold such data and you expressly authorise the use of that data to the extent that is necessary for the operation of the site and the service provided through the web site. We will take reasonable steps to avoid the accessing of that information by those outwith the range of persons that you might, by using the web site, reasonably be assumed to have authorised to have access to the information, but given the nature of the world wide web we can accept no responsibility for keeping safe the integrity of that information or preventing unauthorised access to it and you are deemed to accept that risk and to waive any claim or right that you may have against E-WELLY arising therefrom.
  12. Items that are for sale on E-Welly should be available for sale. I.e. if a person puts an item on the E-Welly website, they should not put it up for sale elsewhere unless they have several items available and can sell them at different locations. If an item is sold externally, it is the seller's responsibility to remove the item from the E-Welly website and to refund any payments that might have been made to purchase this item.
  13. Sellers must own the copyright to any images uploaded to the E-welly site.(That is, sellers photos will have been created by themselves.).  Any images uploaded as a contribution for use in the E-welly photo/icon library will have been created by the contributing seller and free of copyright for use by E-welly with full permission for use within the E-welly Photo/Icon Library.

Privacy Policy

E-WELLY respects and protects the privacy of the individuals that use our service. Individually identifiable information about you or other information/data disclosed to us is not disclosed to any third party without first receiving your permission, as explained in this privacy policy. E-WELLY has established this Privacy Policy so that you can understand the care with which we intend to treat your information.

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In addition, any information, data, documents, etc. that we have been entrusted with will remain completely confidential.

In general, you can visit E-WELLY's web pages without telling us who you are or revealing any personal information about yourself. E-WELLY will not collect any personal information about individuals except when specifically and knowingly provided by such individuals.

E-WELLY will under no circumstances pass on, sell or in any way distribute our database of contacts except in the event that the company as a whole is bought. Wherever your information may be held within E-WELLY or on its behalf, we take all reasonable and appropriate steps to protect the information that you share with us from unauthorized access or disclosure.

By using this website, you consent to the terms of our Privacy Policy and to E-WELLY's processing of information for the purposes given above. Should the Privacy Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention.