The Market Place provides members with an opportunity to buy and sell items online. The Market Place’s intention is to provide an online environment that is secure for all members. However, because The Market Place is not involved in the sale transaction between buyer and seller, The Market Place cannot be held accountable, or take any responsibility for a sale and/or transaction.

Disputes between members

The Market Place is not liable for any disputes that may arise, nor does it take any responsibility for any requests for refunds, as this responsibility lies entirely with the seller.

It is the members’ responsibility to resolve disputes.
If a dispute does arise between buyer and seller, the responsibility for resolution of the issue rests solely with the buyer and seller.

Communication between members

Any disputes that arise during the sale and transaction process may be resolved quickly and efficiently via open communication between the buyer and seller. If a member has any questions complaints, or issues regarding a sale and/or transaction, they must direct their queries to the other party.

Unresolved issues between members

If a problem cannot be resolved following direct communication and negotiation between the buyer and seller, a dispute may be raised by either party with The Market Place.

Raising a dispute

While The Market Place will endeavour to help members involved in the dispute by assisting them to reach a mutually agreeable outcome, The Market Place will, at all times, remain neutral throughout the entire dispute.
Some actions that The Market Place may take following the outcome of a dispute between a buyer and seller include:
i. issuance of a warning;
ii. cancellation of ad(s) (without notice);
iii. restriction of account privileges (limitations on account privileges limits may be placed on an account in advance of suspension);
iv. suspension of an account;
v. termination of an account; and/or
vi.forfeiture of listing fees on cancelled ads (if applicable).

If required, The Market Place will comply with any investigations by law enforcement agencies.

Role of the Seller

Selling items on The Market Place is done so solely at your own risk. Furthermore, any transactions or contact with other members of The Market Place is conducted entirely at your own risk.

Complying with selling requirements

Complying with the requirements listed below will significantly reduce the likelihood of buyer dissatisfaction, and subsequently will minimise the likelihood of any disputes arising. Furthermore, compliance will also ensure that the transaction is completed in a timely manner.

Ad details.

Responsibility for details that appear in an ad on The Market Place rest solely with the seller. The seller must ensure that the ad details (heading, text description and photographs) accurately represent the item for sale. False, misleading, or inaccurate descriptions will likely lead to buyer dissatisfaction, and subsequently delay completion of the transaction.

Complying with law.

It is the seller’s responsibility to ensure that items they list do not violate any law. Any known breach will result in The Market Place removing the ad from the website.

Complying with the Intellectual Property Rights of Third Parties.

The seller must ensure that the listed item does not breach any copyright, trademark or other intellectual property rights of a third party. Any known breach will result in The Market Place removing the ad from the site.

Honouring the Transaction Contract (Supplying the Item described in the ad)

Listing an item is a commitment to sell. The seller cannot fail to deliver an item after payment has been accepted. The seller must not refuse to accept payment for an item after the buyer has made a commitment to purchase. The seller may not withdraw an item because it has not achieved the price expected. The seller must send the described item to the buyer in a timely manner.

Ensuring that an Item is not listed multiple times.

Sellers must not list multiple ads for the same item on The Market Place.

Complying with The Market Place’s Terms of Use.

Sellers must be familiar with, and comply with, The Market Place’s Terms & Conditions before listing an ad.

Seller’s responsibilities

In the event that a dispute does occur, the seller must comply with the following:

Communication with the buyer.

Disputes can be resolved quickly and efficiently via open communication with the buyer. Any question, complaints or issues regarding a sale and/or transaction must be directed to the relevant buyer.

Ethical Conduct.

While communicating with the buyer, the seller must not enter into behaviour that is deemed to be defamatory, libellous, offensive, threatening, harassing, or profane.

Confidentiality.

The seller must not use any contact details of the buyer (addresses, email addresses, phone numbers or other information capable of personally identifying the buyer) outside of this dispute process.

Refunds.

The responsibility for any refund rests solely with the seller.

Role of the Buyer

Buying on The Market Place is done so solely at your own risk. Transactions and any contact between you and other members of The Market Place are conducted entirely at your own risk. The details displayed on The Market Place are provided for informational purposes only, and does not constitute an endorsement by The Market Place of any ad or member.

Complying with buying requirements (as above)

Complying with the following requirements will reduce the likelihood of seller dissatisfaction, and subsequently will minimise the likelihood of disputes arising. Furthermore, compliance will also ensure that the transaction is completed in a timely manner.

Honouring the Transaction Contract (Payment).

A contract of sale will be formed immediately between the buyer and the seller once the buyer makes a commitment to purchase. This commitment is binding, and consequently, buyers must pay for the items that they commit to purchase in a timely manner.

Complying with law.

It is the buyer’s responsibility to ensure that any items purchased do not violate any law.

Complying with The Market Place’s Terms of Use.

Buyers must be familiar with, and comply with, The Market Place’s Terms & Conditions before purchasing an item.

Buyer responsibilities

During the dispute process, the following behaviours are expected of the buyer

Communication with the Seller.

Disputes can be resolved quickly and efficiently via open communication with the seller.

Ethical Conduct.

While communicating with the seller, buyers must not enter into behaviour that is deemed to be defamatory, libellous, offensive, threatening, harassing, or profane.

Confidentiality.

The buyer must not use any contact details of the seller (addresses, email addresses, phone numbers or other information capable of personally identifying the seller) outside of the dispute process.

Buyers must be aware that the responsibility for any refund rests solely with the seller.

If you have any feedback or questions regarding our Dispute Policy, please contact us at info@themarketplace.com.hk