Terms of Service

1. Who we are and how to contact us

Kickio is operated by Bearworks Ltd, a company registered in England and Wales under company number 12215420, whose registered office is at Sixth Floor Cavendish Building, 1 Agard Street, Derby, Derbyshire, England, DE1 1DZ. Our VAT registration number is GB382667559. In these terms, Kickio, we, us and our mean Bearworks Ltd trading as Kickio. Kickio® is a registered trade mark.

You can contact us at hello@kickio.com for anything to do with your account, an order, a listing or these terms, and at privacy@kickio.com for privacy matters. Public authorities and rights holders can use the same addresses. Our help page answers the most common questions.

2. About these terms

These terms are a legal agreement between you and us. You accept them when you create an account, and you confirm them again each time you place an order or publish a listing. The version number at the top of this page is recorded against every order, and that recorded version is the one that applies to the order.

The following policies form part of these terms and should be read with them:

• our Refunds and Returns Policy, which sets out cancellation, dispute and return time limits;
• our Privacy Policy and Cookie Policy, which explain how we handle personal data;
• the listing rules in section 10, which say what may and may not be sold.

If anything in a policy conflicts with these terms, the policy wins for the subject it covers. Where we use a capitalised term such as Buyer Protection Fee, we explain it where it first appears. Nothing in these terms takes away rights that the law gives you as a consumer.

3. What Kickio is and is not

Kickio is an online marketplace for authentic football shirts and related items. We provide the website and apps, the listing and search tools, the payment flow, postage labels, Buyer Protection, collection and wantlist features, price information and customer support.

Unless a listing is marked as sold by Kickio Direct, the contract for the sale of an item is between the buyer and the seller. Kickio is not the seller, does not own the items listed by users, and is not a party to that contract. We host listings created by sellers and do not inspect every item before it is sold, although some items are checked at our UK hub before they reach the buyer (see section 6).

Payments are processed by Stripe, a regulated payment provider. For user-to-user sales each seller appoints Kickio as their limited agent to collect payment on their behalf. This means that once your payment for an order has been taken, your obligation to pay the seller for that order is discharged, even if the seller has not yet received the money from us. Kickio is not a bank, an e-money issuer or an escrow provider, and we do not pay interest on money that is waiting to be released.

4. Private sellers, business sellers and Kickio Direct

Sellers on Kickio can be private individuals selling their own shirts, businesses, or Kickio itself. Your legal rights differ depending on who the seller is, so we show the seller type on the listing and in your order confirmation.

• Private sellers are individuals selling items they own, outside any trade or business. When you buy from a private seller, consumer protection laws such as the Consumer Rights Act 2015 and the 14-day cancellation right do not apply to the sale. You are still protected by our Buyer Protection (section 7), by the seller's duty to describe the item accurately, and by the general law on misrepresentation.
• Business sellers (including partner stores and anyone selling as part of a trade) must tell us they are a business when they register or before they list, and must give buyers the information the law requires, including their identity and address. Purchases from business sellers carry full statutory consumer rights, including the 14-day right to cancel a distance sale.
• Kickio Direct listings are sold to you by Bearworks Ltd. You have full statutory consumer rights on those purchases and our Refunds and Returns Policy explains how to exercise them.
• Partner stores. Some listings come from partner retailers. Where a partner listing takes you to the partner's own website to complete the purchase, we tell you before you leave Kickio and the partner's terms apply to that sale.

If you sell regularly, buy to resell, or sell in volumes that go beyond clearing your own wardrobe or collection, you are likely to be a business seller in law. It is your responsibility to register correctly. If we reasonably believe an account is trading as a business without saying so, we may label it, ask for evidence, or restrict it.

5. Your account

• You must be at least 18 years old and able to enter into a binding contract. Kickio is not intended for anyone under 18. If we learn that an account holder is under 18 we will close the account.
• You may hold one account. If your account is taken over by someone else and we close it, we will help you set up a replacement.
• The information you give us must be true, accurate and kept up to date, including your delivery address, contact details and, if you sell, your payout and identity details.
• Keep your password and any sign-in codes private. You are responsible for what happens on your account unless it is due to our failure to keep our systems secure. Tell us straight away if you think someone else has access.
• We may ask you to verify your email, phone number, identity, address or payment method at any time, in proportion to the risk we are dealing with. If you do not complete a reasonable request, we may pause your account or specific features until you do.
• We record the IP address, approximate location and time of sign-up and sign-in events to detect fraud and account takeover. Our Privacy Policy explains how long we keep this.
• You may close your account at any time by contacting us. We will complete or cancel open orders first and keep the records the law requires us to keep.

6. Buying on Kickio

How an order is formed

A listing is an invitation for you to make an offer to buy. You make that offer when you go through checkout and press the pay button. A contract is formed when your payment succeeds and we send you an order confirmation by email. Before you pay we show you the item price including the Buyer Protection Fee, the postage cost for the delivery option you choose, any import duties or taxes we collect, and the total. You can review and correct your order on the checkout page before you confirm.

Payment

You can pay by debit or credit card, Apple Pay, Google Pay or any other method shown at checkout. Payments are processed by Stripe and may require additional security steps such as a code from your bank. If a payment cannot be verified it will be declined. The money you pay is held by us, through Stripe, until the order completes and is then passed to the seller as described in section 11. If a payment is later reversed by your bank without good reason, we may recover the amount from you and restrict your account.

Availability

Sellers must keep listings accurate, but occasionally an item is no longer available after you pay. If that happens the order is cancelled and you receive a full refund, including postage and the Buyer Protection Fee.

Offers and bundles

You can make an offer on a listing at or above the minimum the seller allows (currently 60% of the asking price). A seller can accept, decline or counter. An accepted offer gives you a time-limited option to buy at that price; no sale takes place until you pay. If you buy several items from the same seller as a bundle, the bundle price and postage are shown before you pay and each item in the bundle can be the subject of a separate claim.

Items checked at our UK hub

Some items are routed to our UK hub, where our team checks them against the listing and for signs of counterfeiting before they are sent on to you. The listing tells you when this applies and the expected extra time. A check is a careful, good-faith examination by experienced people using the information available to us; it is not a guarantee from any brand or club, and it does not cover manufacturing faults. If an item fails our check the order is cancelled and you receive a full refund.

Buying outside Kickio

If you agree with another user to complete a sale outside Kickio, Buyer Protection does not apply, we cannot help with the transaction, and both accounts may be restricted.

7. Buyer Protection

Every order paid for through Kickio is covered by Buyer Protection. Buyer Protection is our service, paid for by the Buyer Protection Fee. It is not insurance and it does not replace any legal rights you have; it sits alongside them.

Under Buyer Protection:

• your payment is held until the item has been delivered and the review window has closed, and is only then released to the seller;
• if the item does not arrive, arrives damaged, is significantly different from its listing, is the wrong item, or fails an authenticity check, you can report a problem from your orders page and we will hold the money while the case is resolved;
• if the seller does not respond to your report within 48 hours, or you and the seller cannot agree, our support team reviews the evidence from both sides and decides the outcome;
• where your claim is upheld you receive a refund of the item price, the Buyer Protection Fee and the outbound postage, either after returning the item or, where we say a return is not needed, without returning it.

The time limits for reporting a problem, returning an item and receiving a refund are in our Refunds and Returns Policy. In short: report a problem before the order completes, which is three days after delivery is confirmed, and we will still look at reports made within 14 days after completion although the outcome may then depend on what can be recovered from the seller. Buyer Protection does not cover normal wear that was described in the listing, damage caused after delivery, change of mind on private-seller items, or claims made dishonestly. Our decision in a Buyer Protection case is a decision about our service; it does not stop either you or the seller from pursuing your legal rights against each other in the courts.

8. Fees and prices

Buyer Protection Fee

Buyers pay a Buyer Protection Fee on each user-to-user order. The fee is already included in every price you see on Kickio, so the price on the listing is the price you pay for the item; only postage and, for some international orders, duties and taxes are added at checkout. The fee is currently 4% of the seller's price plus 40p, with the total rounded up to the nearest 50p or 99p ending. The exact fee for your order is shown in the checkout summary and on your receipt. Kickio Direct and partner-store prices already include our costs, so no separate fee is added to them.

Seller fees

Listing and selling on Kickio is free. There is no listing fee, no commission and no payment-processing charge on the sale price; sellers receive 100% of the price they set. The only optional charge is the Accelerated payout fee described in section 11, which you can avoid by choosing the Slow payout option. If we ever introduce a mandatory seller fee we will give at least 30 days' notice and it will only apply to sales made after it takes effect.

Postage

Postage prices are shown for each delivery option before you pay and depend on the parcel size the seller has declared, the destination and the carrier. If a seller declares the wrong parcel size and the carrier charges more, the seller bears the difference.

Currency

Prices are in pounds sterling. If your card is in another currency your bank or card issuer sets the exchange rate and may charge a conversion fee; we do not control or receive that fee.

Changing fees

We may change the Buyer Protection Fee or the Accelerated payout fee to reflect changes in our costs, payment or carrier charges, taxes, or the services we provide. Changes never apply to orders already placed. We will tell you at least 15 days before a change takes effect and, if you do not agree, you can stop using Kickio.

9. Selling on Kickio

What you promise about your items

• You own the item, or have the right to sell it, and it is in your possession when you list it. Drop-shipping and listing items you do not physically hold are not allowed.
• The item is genuine. Counterfeits, fakes and unlicensed reproductions must never be listed, whatever the description says.
• Your listing is accurate and complete: correct team, season, manufacturer, size, type (for example player issue or match worn), any printing, and an honest condition grade with every fault, mark, repair or alteration disclosed. Photographs must be of the actual item, taken by you or on your behalf, not copied from the internet or another listing.
• The item is safe and lawful to sell and send, and complies with UK product safety law and the rules of any country you post it to.

Condition grades

We use a fixed set of grades: Brand New (With Tags), Mint, Very Good, Good, Fair and Needs Attention. Choose the grade that a reasonable buyer would agree with after seeing the shirt in person. Vintage and match-worn shirts naturally carry wear, but that wear must still be described. Condition grading is a good-faith assessment rather than a technical standard, but a shirt that is clearly in a worse state than its grade is "not as described" for the purposes of Buyer Protection.

Listings, stock and withdrawal

You can edit or withdraw a listing at any time until it sells. If you list more than one identical item, the quantity counts down as each one sells and the listing ends when stock reaches zero. Repeatedly deleting and relisting the same item to move it up search results is not allowed. New products created from your listing may be reviewed by our team before they appear in the public catalogue.

After you sell

• Post the item within 7 days of the sale. We remind you around day four. After day seven the buyer can cancel for a full refund and repeated late dispatch may lead to restrictions.
• Use the postage label bought through Kickio for that order unless the listing was set up for your own postage. Pack the item securely and in line with the carrier's rules.
• Enter tracking where it is not added automatically, keep proof of postage until the order completes, and reply to buyer messages and problem reports promptly.
• Some items must be sent to our UK hub first. If so, we tell you when the item sells and give you the label and instructions.

Cancelling as a seller

You can cancel an order before it is posted, for example if the item has been damaged or is no longer available. The buyer receives a full refund. Frequent seller cancellations affect your seller standing.

10. Prohibited items and listing rules

The following must not be listed on Kickio:

• counterfeit or fake shirts and any item that infringes a trade mark, copyright, design right or other intellectual property right, including unlicensed 'retro' reproductions presented as, or likely to be confused with, originals;
• stolen items or items you are not entitled to sell;
• items you do not physically hold, or items bought in bulk for resale through an account registered as a private seller;
• items that are unsafe, recalled, or unlawful to sell or send in the UK or the destination country;
• items that are not football shirts, kit or football-related collectables, unless a category on Kickio expressly allows them;
• listings containing offensive, discriminatory, defamatory or unlawful text or images, or personal data belonging to someone else;
• listings that advertise other websites, other sellers or off-platform payment.

We may remove, hide or edit a listing that breaks these rules, decline to publish a product created from it, and keep a record of the removal. We will tell you when we do this and why, and you can appeal (section 19). If an item is found to be counterfeit after a sale, the order is cancelled, the buyer is refunded, we do not return the item to the buyer's or seller's account balance, and the item may be retained or destroyed as the law and rights holders require. Repeated or serious breaches lead to permanent closure.

11. Getting paid as a seller

Payout account and identity checks

Seller payouts are made to a Stripe Connect account in your name. To open it you must give Stripe accurate details about yourself (and your business if you are a business seller), including legal name, date of birth, address and bank account, and complete any identity checks Stripe or the law requires. Stripe's own terms apply to that account. You should set up your payout account before your first sale; if it is not set up within 14 days of a sale we may pause further sales until it is. Payouts can only be made to a bank account in the same name as the account holder, and you are responsible for keeping your bank details correct.

When money is released

A sale is released to you once the item has been delivered and the review window has closed (currently three days after delivery is confirmed), or earlier if the buyer confirms the order is complete. Releases are delayed while a problem report is open. You then choose how quickly the money reaches you:

• Accelerated: each sale is transferred to your payout account as soon as it is released, for a fee of 1.99% of that sale (currently the default option);
• Slow: each sale is held in your Kickio balance for 14 days after release and then transferred with no fee.

Stripe may hold a first payout for 7 to 14 days while it completes its checks, and your bank may take a further one to three working days to show the money. Your wallet page shows the expected arrival date for each payout.

Holds and deductions

Where a buyer's claim is upheld, a payment is reversed by a bank, or you owe us money under these terms (for example a carrier surcharge for a wrongly declared parcel), we may deduct the amount from your pending or future sales, and where that is not enough we may ask you to pay it. We may hold funds for longer where we reasonably suspect fraud, a breach of these terms, or where Stripe or the law requires it, and we will explain why unless we are legally prevented from doing so.

12. Postage, labels and delivery

Labels bought through Kickio

When a buyer chooses a delivery option at checkout, we buy a label from the relevant carrier (currently including Royal Mail, Evri, Yodel by InPost and DPD in the UK, and international carriers for overseas orders) and provide it to the seller. Carriers' conditions of carriage apply to the parcel. We are not a carrier and do not handle parcels ourselves except items routed through our hub.

Your responsibilities as a seller

• Declare the parcel size honestly, use the label exactly as issued, and drop the parcel off in the way the service requires (for example, Yodel by InPost parcels must be handed in at a staffed counter, not a locker).
• Pack the item so that it survives normal handling. Shirts in a sealed, weatherproof bag or box are treated as properly packed.
• Do not post prohibited or dangerous goods, and include any customs paperwork we give you.

Tracking and delivery

Tracking on Kickio is based on information from the carrier and we cannot guarantee it is always up to date. Orders are treated as delivered when the carrier reports delivery or, if no scan arrives, five days after the seller marks the parcel as posted, unless the buyer tells us otherwise. Where a parcel goes to a locker or shop for collection, the buyer must collect it within the carrier's collection period; parcels returned because they were not collected, or because the buyer gave an incorrect address, may be re-delivered at the buyer's cost or the order refunded less the postage paid.

Lost or damaged in transit

If a parcel sent with a Kickio label and packed properly is lost or damaged by the carrier, the buyer is refunded under Buyer Protection and we claim against the carrier on the seller's behalf. The seller receives the compensation the carrier pays, up to the cover level shown for that service when it was chosen. The carrier's record is treated as correct unless either party gives us evidence to the contrary before the case closes. If a seller uses their own postage instead of a Kickio label, the seller bears the risk of loss or damage until delivery and must claim against their carrier directly.

13. International orders, customs and taxes

Sellers can choose whether to post abroad, and we restrict some destinations. Where an item is sent across a border:

• the total shown at checkout includes any import VAT or duty that we collect on the buyer's behalf. For EU orders up to €150 we normally collect VAT at checkout under the Import One-Stop Shop; for EU orders above €150 and for the United States, Canada, Australia and New Zealand we ship duty-paid, so the amount you pay at checkout is the full landed cost;
• for other destinations, or where a duty-paid service is not available, the checkout tells you that duties and taxes may be charged by the carrier or customs authority on arrival and are payable by the buyer;
• the buyer authorises us and our carriers to complete customs declarations and, where needed, to act or appoint an importer of record on the buyer's behalf, and agrees to provide any information customs require;
• the seller is responsible for the accuracy of the item description used on customs paperwork and for complying with export rules;
• we are not responsible for delays, inspections, refusals or seizures by customs authorities, though Buyer Protection still applies if the item never arrives.

All prices shown to buyers include VAT where applicable. Where UK law treats Kickio as the deemed supplier for VAT purposes, for example on goods sold by a seller based outside the UK to a UK buyer, we will charge and account for UK VAT on that sale. Where second-hand goods are sold under the VAT margin scheme, the VAT is not shown separately, as the law requires. Tax rules, rates and thresholds change; the rules that apply are those in force when the order is placed.

14. Tax, HMRC reporting and seller verification

You are responsible for any tax due on what you earn through Kickio. Selling your own used shirts is usually not taxable, but regular trading may be, and you should take your own advice.

Kickio is a digital platform operator under the UK's Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023. This means that, once a seller completes 30 or more sales or earns about €2,000 (roughly £1,700) in a calendar year, we are legally required to collect and verify certain information about them and to report their sales to HMRC by 31 January of the following year. If you sell, you agree to give us, promptly and accurately, your full legal name, address, date of birth, National Insurance number or other tax identifier, and for businesses your company registration and VAT numbers. We will send you a copy of what we report. If you do not provide the information after reasonable reminders we must, by law, restrict your ability to sell or withhold payouts until you do.

15. Offers, wantlists, collections and price data

Offers are covered in section 6. Wantlists, collections, sets, valuations, the price index, Recently Sold, Value Picks, guides and blog articles are provided to help you collect and to inform you. Price and valuation figures are compiled from Kickio sales, public sale records and other sources that we do not control, may contain errors or gaps, and are not advice about what any item is worth or what you should pay or accept. You use them at your own risk and should not rely on them for financial, insurance or tax purposes. We may change, pause or withdraw these features at any time.

16. Messages and reviews

Messages

Messaging exists so that buyers and sellers can talk about items and orders. Do not use it to advertise, to send bulk or unsolicited messages, to share contact details to trade off-platform, or to send anything abusive, threatening, discriminatory or unlawful. We may read messages where necessary to resolve a dispute, investigate a report or comply with the law, as explained in our Privacy Policy.

Reviews

After an order completes you may leave a review of the other party. Reviews must be your honest, first-hand account of that transaction. You must not write or arrange fake reviews, review yourself or your own listings, offer or accept anything in exchange for a review, or pressure someone to change or remove one. We do not pay for reviews. We take reasonable steps to detect and remove reviews that break these rules, including reviews reported to us, and we may show that a review was left on a verified purchase. We may remove a review that is unlawful, abusive, irrelevant to the transaction, or that we reasonably believe is not genuine, and we will tell the author why.

For orders completed after the updated feedback system starts, if the buyer has not left a review four days after completion, the seller receives positive automatic feedback. Automatic feedback is always labelled as automatic, contributes five stars and one entry to the seller's overall rating, and is never shown as written by the buyer. Buyers can replace automatic feedback with their own rating and comments afterwards. Both parties can edit or delete their own personal feedback and reply to feedback received. Deleting personal feedback does not regenerate automatic feedback. Feedback does not change payment or return deadlines.

17. Your content and our intellectual property

You keep ownership of the photographs, descriptions, reviews, collection entries and other material you upload. You give us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, crop, adapt and display that content, and to sub-license it to the service providers who help us run Kickio, for the purposes of operating Kickio, showing and promoting your listings and the marketplace (including in emails, in our blog and guides, on social media and in advertising), building our catalogue and price information, and complying with the law. You confirm you have the right to grant this licence and that your content does not infringe anyone else's rights.

The licence for a piece of content ends when you delete it or close your account, except that we may keep copies in order records, backups and where the law requires, may continue to show product photographs that have become part of our catalogue for a product that others are selling, and may finish any marketing already in circulation. If you do not want your photographs used in marketing beyond your own listings, tell us at hello@kickio.com and we will stop.

Kickio, the Kickio® name and logo, our website, apps, design, software, database of products and prices, and our written content belong to us or our licensors. You may share links to Kickio and use the share tools we provide, but you may not copy, reproduce, sell or create derivative works from our content or database without our written permission. Club and manufacturer names, crests and logos belong to their owners; they appear on Kickio only to identify items and do not imply any endorsement.

18. Acceptable use

When using Kickio you must not:

• break the law, infringe anyone's rights, or use Kickio to launder money, defraud anyone or evade tax;
• arrange, or try to arrange, a sale that starts on Kickio to be completed elsewhere in order to avoid the Buyer Protection Fee or Buyer Protection;
• use bots, scrapers, crawlers or other automated tools to access Kickio, copy listings, prices or sales data, or create accounts, unless we have given written permission or provide a public feed for that purpose;
• interfere with, overload, probe, decompile or reverse-engineer any part of Kickio, or bypass any security or rate limit;
• manipulate prices, sales records, the price index, valuations, search rankings, reviews or seller standing, including by shill bidding, fake sales or coordinated activity;
• impersonate anyone, hold more than one account, or open a new account after we have closed one;
• post or send content that is defamatory, obscene, hateful, harassing, discriminatory, threatening, or that promotes violence, terrorism or self-harm;
• collect or publish other users' personal data without permission.

19. Reporting content, illegal items and appeals

How to report

Anyone, whether or not they have an account, can report a listing, message, review or user that they believe is illegal, counterfeit, infringes their rights or breaks these terms. Use the report option on the listing or profile, or email hello@kickio.com with the link, what is wrong and, for intellectual property complaints, evidence that you own or represent the right concerned. We acknowledge reports and aim to act on clear cases of illegal content within two working days of receiving a valid report.

What we do

We review reports with trained staff and may also use automated tools to spot counterfeits, fraud, prohibited items and abusive content. Depending on what we find we may leave the content up, edit or hide it, remove it, warn the user, restrict features such as messaging or selling, cancel orders, suspend or close the account, and where a crime or a risk to someone's safety is involved, inform the police or other authorities. We act proportionately and take into account the interests of everyone affected. Where the law requires it we cooperate with authorities and rights holders.

Telling you and appealing

If we take action against your content or account we will tell you in writing what we did and why, unless doing so would break the law, hinder a fraud or criminal investigation, or put someone at risk. You can appeal within 14 days by replying to that notice or emailing hello@kickio.com. A different member of our team will review the appeal and reply with a decision. People who reported content can equally ask us to look again if we decided not to act. Nothing in this section removes your right to complain to a regulator or go to court.

20. Suspending or closing accounts

We may suspend, restrict or close your account where:

• you seriously or repeatedly break these terms or the law, or we reasonably believe your account is being used for fraud, counterfeiting or money laundering;
• you fail to complete identity, tax or payout verification that we or Stripe are legally required to carry out, after reasonable reminders;
• your account has been compromised, or suspension is needed to protect other users, a payment provider or Kickio;
• we are required to do so by law, a court or a regulator.

We choose the least restrictive action that deals with the problem, tell you what we have done and why (subject to the exceptions in section 19), and offer an appeal. While an account is suspended you can still contact support, complete any orders we allow to continue, and receive any balance you are entitled to once open cases are closed. Where an account is closed for fraud or a serious breach, we may cancel open orders and refund buyers, hold funds until claims and chargebacks have run their course, and refuse new accounts from the same person. We may also close an account that has not been used for two years after giving 30 days' notice by email, provided there are no funds or open orders on it.

21. Optional integrations, including eBay

If you connect an eBay account, you authorise us to create and update listings on eBay from the Kickio listings you choose, to read the resulting eBay orders so that stock stays in sync, and to import your existing eBay listings into Kickio where you ask us to. Those eBay listings and sales are made under your eBay account and eBay's terms and fees, not through Kickio; Buyer Protection and Kickio payouts do not apply to them. You are responsible for keeping stock accurate in both places, and we may pause the connection if it causes errors or if eBay changes its service. You can disconnect at any time from your settings.

22. Third-party services and site availability

Kickio relies on third-party services such as Stripe for payments, carriers and postage providers for delivery, Google Maps for collection-point maps, and email providers for notifications. Their own terms apply when you use their features and we tell you when that is the case. We are not responsible for services we do not control, but we remain responsible for how we have integrated them and for our own obligations to you.

We aim to keep Kickio available at all times but do not guarantee it will be uninterrupted or error-free. We may suspend access for maintenance, security or improvements, and where we can we will schedule this outside busy periods and give notice on the site. We may add, change or withdraw features, and we will give reasonable notice of any change that significantly reduces what you can do with Kickio.

23. Our responsibility to you

If we fail to comply with these terms or do not use reasonable care and skill in providing our services, we are responsible for loss or damage you suffer that is a foreseeable result of that failure. Loss is foreseeable if it is obvious it would happen or if, when the contract was made, both we and you knew it might happen.

We do not exclude or limit our liability where it would be unlawful to do so. That includes liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of your statutory rights in relation to the services we supply to you as a consumer, and in relation to goods sold to you by Kickio Direct.

Subject to that, and as far as the law allows:

• because we are not the seller of user-listed items, we are not responsible for the accuracy of a seller's listing, the condition or authenticity of an item, or a seller's conduct, except to the extent we have promised to be under Buyer Protection or where our hub check was carried out negligently;
• we are not responsible for losses caused by events outside our reasonable control, by carriers, payment providers or other third parties we do not control, by your failure to keep your account secure, or by your breach of these terms;
• if you use Kickio as a consumer, we are not responsible for business losses such as loss of profit, loss of business or loss of opportunity;
• our total liability to you in connection with any one order is limited to the total amount paid for that order, including fees and postage, or £100 if that is more; and our total liability to you for everything else under these terms in any 12-month period is limited to the fees you have paid us in that period, or £100 if that is more.

Nothing in these terms affects your legal rights as a consumer. Advice about those rights is available from Citizens Advice.

24. Extra terms for business sellers

If you use Kickio as a business, the following also apply and, where they conflict with the rest of these terms, take priority for you:

• You must tell us you are a business, display your legal name, geographic address and contact details to buyers, honour buyers' statutory rights including the 14-day cancellation right, and comply with UK consumer law in your listings and communications.
• We will give you at least 15 days' notice by email of changes to these terms that affect you, longer where you need to make technical changes to comply. You may close your account before the change takes effect if you do not accept it. Shorter notice applies only where the law requires a change or where it is needed to address an unforeseen and imminent danger such as fraud or a security threat.
• If we restrict, suspend or terminate your account we will give you a statement of reasons at or before the time we act (or, for termination, at least 30 days beforehand unless the law, a repeated breach, or a legal obligation prevents it), and you may use the complaints process below.
• Search results and recommendations on Kickio are ranked mainly by relevance to the search or filter, then by listing recency, price competitiveness against comparable sales, seller standing (dispatch speed, cancellations and dispute outcomes), completeness of the listing and stock availability. Ranking is not sold and paid placement, where offered, is labelled.
• We may use aggregated, non-identifying data about sales and prices across the marketplace, including from your listings, in our price index and other products. We do not give other sellers access to your individual sales data beyond what is publicly visible on the site.
• Complaints from business sellers about our services, these terms or our decisions can be sent to hello@kickio.com marked "business seller complaint". We acknowledge within five working days and aim to give a reasoned response within 30 days.
• Our total liability to you as a business seller in any 12-month period is limited to the greater of the fees you have paid us in that period and £100, and we are not liable to you for loss of profit, revenue, business, goodwill or data, or for indirect or consequential loss, except where liability cannot lawfully be excluded.

25. Complaints, disputes and governing law

Problems with an order

Use the problem report on your orders page first; that is the quickest route and it protects the money while the case is looked at. Our Refunds and Returns Policy explains the steps and time limits.

Complaints about Kickio

If you are unhappy with something we have done, email hello@kickio.com with your account email, any order number and what you would like us to do. We acknowledge complaints within five working days and aim to give a final response within 30 days. If you remain unhappy after our final response, you are free to take the matter to court. We are not required to use, and do not currently participate in, an alternative dispute resolution scheme; we tell you this because the law requires us to.

Law and courts

These terms, and any dispute or claim arising from them or from your use of Kickio, are governed by the law of England and Wales. If you are a consumer you can bring a claim in the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of the country where you live, and you keep the benefit of any mandatory consumer protection law of the country where you live. If you are a business user the courts of England and Wales have exclusive jurisdiction.

26. Changes to these terms

We may change these terms for the following reasons:

• to reflect changes in the law, regulation, tax rules or guidance from a regulator;
• to reflect changes to how Kickio works, including new or withdrawn features, payment providers or carriers;
• to change our fees as described in section 8;
• to improve clarity, correct errors or address a security, fraud or safety risk.

For changes that affect your rights or obligations we will give at least 15 days' notice by email or a prominent notice on the site before they take effect, unless a shorter period is needed for legal, security or safety reasons, in which case we will explain why. Minor clarifications and corrections may be published without notice. If you do not agree with a change you can close your account, free of charge, before it takes effect; continuing to use Kickio after that date means you accept the new terms. Changes do not apply to orders placed before the change took effect, and the version recorded on each order remains the version that governs it.

27. General

• We may transfer our rights and obligations under these terms to another organisation, for example if the business is sold. We will tell you in writing at least 15 days beforehand, your rights will not be reduced, and you may close your account if you do not agree. You may not transfer your account or rights to anyone else.
• These terms are between you and us; no one else has the right to enforce them.
• Each section of these terms operates separately. If a court or regulator decides that any part is unlawful or unenforceable, the rest continues in full force.
• If we do not immediately insist that you do something you are required to do, or delay taking action against you, that does not mean you do not have to do it and does not stop us taking action later.
• Nothing in these terms creates a partnership, employment or agency relationship between you and us, other than the limited payment collection agency described in section 3.
• We will contact you using the email address on your account and by notices on the site, and you can contact us using the addresses in section 1. These terms are written in English and any translation is for convenience only.