Company details. Very Friendly Shark Limited (SC714016) (we and us) is a company registered in Scotland, and our registered office is at 5 South Charlotte Street, Edinburgh EH2 4AN. We operate the website http://www.veryfriendlysharks.co.uk.
Very Friendly Sharks (‘we’, ‘us’, ‘our’, ‘Very Friendly Sharks’) is an online marketplace that allows users to offer, sell and buy collectable card game products, including but not limited to single products, sealed products and complete sets.
Very Friendly Sharks is not part of the actual transaction between buyer and seller. The contract for the sale is directly between the buyer and the seller.
Very Friendly Sharks guides the form of product price, shipping recommendations and card listing options but does not review user content or items listed on the website. We do not guarantee the existence, quality, accuracy or legality of the products listed on the website, nor the ability of a seller or a buyer to complete a transaction or return an order. Whilst we might assist in resolving disputes between users, we are not obliged to engage in any dispute.
Contacting us. To contact us, please use this email: info@veryfriendlysharks.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 16.2
Registration: To become a User of our website and its services, you must register as a user by completing the sign-up form.
Professional and business users: Professional or business sellers must register using the signup form for professionals and businesses. By registering as a business entity, you confirm and acknowledge that you have the authority to legally bind that entity.
Consumer users: If you are under 18 years old, a parent or guardian (who is at least 18) must register to use the website on your behalf. Your parent or guardian shall be responsible for supervising your use of the website, guaranteeing that you comply with these Terms and Conditions. You are responsible for keeping up-to-date information about yourself on the website and warranting that this information is true and accurate. The use of your account is limited to you, and you are not entitled to share it with any other person.
Content provided by users. Very Friendly Sharks is not responsible or liable to any third party for the content posted by users on the website. Users are responsible for the truthfulness and accuracy of content of any kind that is upload through it, such as product listings, user profile details or ratings and reviews.
Content that violates these Terms and Conditions may be deleted at Very Friendly Sharks’ discretion.
Users grant us a non-exclusive, irrevocable, perpetual, transferable, sublicensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content users provide to us. Users also grant us the right to edit their content in order to better present it on the website. Editing may consist in shortening or editing texts and images or correcting errors.
We may make catalogues of stock images, descriptions, specifications and other content, which may be provided by third-parties. Users may use such content solely in connection with their Very Friendly Sharks listings. This permission is subject to modification or revocation at any time at Very Friendly Sharks’ discretion.
Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
Very Friendly Sharks allows sellers to list the products that they wish to sell. The listing facility includes options to specify the characteristics of each card, such as name, expansion, condition or price.
When listing a card:
Very Friendly Sharks allows sellers to list the products that they wish to sell. The listing facility includes options to specify the characteristics of each card, such as name, expansion, condition or price.
The seller is responsible for the accuracy, content and legality of each card that you list. You must not list card proxies or imitations of any kind. The seller must not list products that have been tampered with in any malicious way.
The terms of the listing form that the seller submits will constitute the terms on which the card is offered for sale. By listing a card the seller confirms that it meets all the aspects included in the form, such as name, expansion, condition or price. If the seller is not certain about any of the characteristics of the card, the seller must not list it.
The seller may edit the details of a card they are offering or remove it at any time before they have entered into a contract to sell it and as long as the products are not in a buyer’s shopping basket.
To enhance the recommendations experience, we will display the sales and performance history of the seller’s listings to other users.
Products appear in search and browse results based on factors such as price, ratings or popularity. These criteria are determined by Very Friendly Sharks.
Once the buyer clicks ‘Buy now’ on the payment page, ordering a product or products listed by you, the seller enters into a legally binding contract with the buyer to sell them. The seller must have the legal right to enter into such a transaction and to be able to fulfil their contractual obligations.
A seller is obliged to ship the order as soon as possible within one week of the order being placed by the buyer.
A seller is responsible for their own tax affairs that might arise from your participation in any card trade, including income tax or VAT.
When buying a product:
The Buyer is responsible for reading the full card listing before committing to buy it.
The buyer should the order carefully before confirming it. The buyer is responsible for ensuring that the order is complete and accurate.
Once the buyer clicks ‘Buy now’, they enter into a legally binding contract with the seller to buy that products or products. The buyer must have the legal capacity to enter into this legally binding transaction.
The fees Very Friendly Sharks charges for using its services are listed on the fees page. We reserve the right to change our fees or introduce new ones. The fees are the prices quoted on our site at the time a contract is concluded between a seller and buyer.
Our right to charge a fee is constituted by the conclusion of a contract between buyer and seller. The right to charge the fee also applies if the contract between the users is not fulfilled at all, or not to the buyers’ satisfaction.
We reserve the right to charge a fee which has been agreed in advance with the user.
We reserve the right to charge a fee in certain circumstances, at our discretion, if account holders breach these terms repeatedly.
Very Friendly Sharks offers a payment service for buyers and sellers. When using it:
Buyers have to purchase Very Friendly Sharks Credits in order to buy products. Purchase Credits are deducted seamlessly whenever you complete an order of products: the total amount of your shopping basket minus the Credits in your Very Friendly Sharks Balance. One (1) Very Friendly Sharks Credit is equal to one (1) British pound.
Payments must be made using a valid credit or debit card. If the amount of Very Friendly Sharks Credits in a Balance covers the value of an order, the payment will be processed directly from the Balance.
Payments are made in British pounds and all prices are inclusive of VAT where applicable.
Payments for orders are in advance. The buyer’s credit or debit card or Very Friendly Sharks Credits Balance will be charged when the buyer and seller enter into a contract for the purchase of products.
Sellers receive their payments into their Very Friendly Sharks Balance, in the form of Very Friendly Sharks Credits, once shipping (untracked orders) or delivery (tracked orders) has been confirmed.
Users can submit a pay-out request at any time to transfer the funds in their Balance to their bank account (only UK bank accounts will be accepted). Withdrawal fees will apply.
Pay-out requests might be delayed or denied for fraud prevention reasons, or if potential disputes or refunds are affecting the user account.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the relevant Very Friendly Sharks User Balance.
The minimum purchase amount of Very Friendly Sharks Credits is £1.
We use a third-party service provider, Mango Pay, to process your payments and to store your credit or debit card or similar information. When using our payment services, you are subject to our provider’s term and conditions. We shall not be liable for the acts or omissions of such third party.
For fraud prevention reasons, in order to process your payments (both pay-in or pay-out requests), we might be required to verify your ID (as an individual, sole trader or company; required documentation might vary depending on the type of account; see more information at https://docs.mangopay.com/guide/user-verification ) and payment details.
Users can refer other users. If a user registers through a referral (Referred User), the referrer will be made aware of this through their account. From time to time, at our discretion, referrers will be credited in the following ways:
1.5% of the spend as long as the Referred User spends at least £20 and this is called Very Friendly Sharks Referral Credit (or Website Referral Credit).
Website Referral Credit will be provided in increments of £5.
The referrer will be notified of the Website Credit payment through a personal notification.
The referral system will not always be available for all users, and we can change the values of spend, increments and the percentage at our discretion on a user to user basis or site-wide.
Website Referral Credit can only be used to buy on our website and cannot be paid out to a User’s account.
When buyers choose to use Very Friendly Sharks’ payment service, they pay a fixed contribution to cover packaging and shipping costs, included as part of the total price of their order. The website recommends this contribution based on the number of products contained in each order and Royal Mail pricing.
If the value of the goods is less than £2,500 sellers must use Royal Mail’s tracked mail service to send items to a buyer. Sellers will not be able to confirm a tracked order and receive funds from the buyer unless the seller enters Royal Mail’s tracking code. In any case where the value of the goods is £2,500 or above, the buyer must use our advised delivery service.
When a seller sells a products or products, we will send the seller an email confirming the order. The seller must ship the order as soon as possible and confirm the shipment on the website along with the Royal Mail tracking code. Failing to confirm shipping on time will entitle the buyer to a full refund (price of the products and shipping costs) into their Balance, and the seller might receive a negative review from them.
Buyers must not enter shipping addresses outside the UK mainland and sellers must not ship orders outside the UK mainland.
Very Friendly Sharks is not responsible for sent items which are lost or destroyed by Royal Mail or any other provider.
Funds will be transferred to the seller:
When the buyer marks the product item as delivered; or
If we do not hear from the buyer within 30 days of the order being shipped, it will be automatically marked as received (with the same effect as if the buyer had marked it as received manually) and funds will be transferred to the seller’s balance.
By marking a product as received the buyer declares that it has been delivered and that they are happy with it and that all of the appropriate authenticity checks have been carried out as per our guide upon opening/receiving the order, so that the funds can be transferred to the seller and no further disputes can be raised.
If the seller fails to confirm the shipment within 7 calendar days after the buyer placed the order, the buyer can cancel it and will receive a full refund (price of the products and shipping costs) into their Very Friendly Sharks Balance. If the buyer does not cancel the order and the seller does not confirm the shipment within 30 days, the buyer will receive an automatic refund into their Very Friendly Sharks Balance.
If the order does not arrive within 7 working days after the seller confirms shipping, the buyer should contact the seller. The buyer can also contact us using email address info@veryfriendlysharks.co.uk , and we will raise a dispute and investigate further. The buyer might be entitled to a full refund (price of the products, Very Friendly Sharks commission, and shipping costs)
We do not refund any monies or service fees placed into your Very Friendly Sharks’ account to buy Very Friendly Sharks Credits; that is, pay-in fees are not refundable.
Any refunds will be transferred back into your Balance. You can choose to make new purchases with these Credits, or request a pay-out at any time. Withdrawal fees will apply.
Very Friendly Sharks will not take part in any disputes or disagreements regarding card condition.
If a seller presents a ratio between cancelled orders, lost orders, refunded orders and received orders with no issues greater than 5%, Very Friendly Sharks is entitled to moderate the seller account taking a wide range of actions, including but not limited to:
Not processing pay-out requests until the issues have been resolved.
Automatically resolving disputes in favour of buyers, including issuing refunds for both untracked and tracked orders.
Forcing the delivery method for that seller to be tracked delivery only.
Cancelling new orders.
Partially or completely, permanently or temporarily suspending the seller account.
Introducing penalties to the seller star rating and any other warnings required to protect buyers.
Increasing the commission fee at our discretion.
When using the website, a user must not:
Manipulate the price of any products or interfere with any other user's listings.
Add false, inaccurate, misleading, defamatory, or libellous content.
Take any action that may undermine the rating and review system.
Distribute spam or unsolicited communications, or promote other links or services.
Use the contact information of other users for any purpose other than in relation to a specific Very Friendly Sharks transaction.
Introduce viruses or any other malicious or technologically harmful programs.
Attempt to gain unauthorised access to this website, its servers and database.
Use any robot or any other automated means to access our services.
Copy, modify or distribute any content –except for your own information- from this website without prior and express written permission of Very Friendly Sharks.
Collect information about users of the website, such as email addresses, without their consent.
Circumvent any technical measures we use to provide the services.
Create problems or potential legal or financial liabilities.
Abuse any policies, employees or users.
Fail to make full payment of any fees or fulfil your obligations under a sale contract with other users.
Contravene the letter or spirit of these Terms and Conditions.
Without excluding other legal actions, we may at our discretion: issue warnings: suspend or terminate your access to this website; or remove any content uploaded to this website.
Any suspected fraud will result in payments being stopped or reversed at our discretion. We will also report any fraud or other illegal act to the appropriate law enforcement authorities and we will cooperate with those authorities by disclosing information, including your identity, to them.
We cannot guarantee the continuous operation of or access to our website. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the website and/or its services with or without prior notice to users.
Very Friendly Sharks is not liable, to the extent permitted by law, for product defects, incorrect or misleading information provided by the manufacturer, sellers or users of our website, or such information adopted by the manufacturer for individual products.
We (including our directors, agents and employees) shall not be liable to users in contract, delict (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses directly or indirectly from:
Users use of or inability to use our website and its services.
Pricing, postage or other guidance provided by Very Friendly Sharks.
Delays or disruptions in our services, such as problems affecting email notifications sent by the system.
Viruses or other malicious software obtained by accessing or linking to our website.
Glitches, errors, or inaccuracies of any kind in our website.
Damage to a user’s hardware device from the use of any of our services.
The content, actions, or inactions of other users or third parties, including collectable products and products listed using our services.
A suspension, ban or any other action taken regarding a user’s account or breach of these Terms and Conditions.
The duration or manner in which listings appear on our website.
A user’s need to change content or behaviour or a user’s loss of business, as a result of modifications to this Terms and Conditions.
Very Friendly Sharks cannot confirm and is not responsible for ensuring the accuracy and truthfulness of a user’s identity and information provided to us. We provide an online facility to introduce individuals to one another to enable them to arrange the sale and purchase of collectable cards and products between them, and to allow them to 9VERF/001/001_3610674_4 communicate with one another via private messaging. Buyers and sellers are solely responsible for transactions entered into using the website and Very Friendly Sharks is in no way responsible for cancellations between members or poor fulfilment of their obligations under a sales contract.
Regardless of the previous paragraphs, if we are found to be liable, our liability to a user or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total service fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause 13.5, we will not be liable to professional or business users, whether in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of or damage to goodwill;
and any indirect or consequential loss.
Users agree to indemnify us for any loss, liability, cost or expense for any third-party claim arising from or connected to your misuse of the website and its services or any breach of these Terms and Conditions.
In respect of any dispute a user may have with another user of the website, as a user you agree to waive any claim you may have against us in connection with such dispute and indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of having grounds to make a claim in respect of the event and shall expire 3 months 10VERF/001/001_3610674_4 from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
This clause 13, will survive termination of the user’s account.
Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
Compliance with specification. Subject to our right to amend the specification (see clause 14.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
We will use any personal information you provide to us to:
provide the Services;
and process your payment for the Services.
We will process your personal information in accordance with our Privacy Notice, the terms of which are incorporated into this Contract.
Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
When we refer to "in writing" in these Terms, this includes email.
Any notice or other communication given must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
if delivered personally, on signature of a delivery receipt;
if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Governing law and jurisdiction. These Terms and Conditions are governed by and will be interpreted in accordance with the Laws of Scotland. The Courts of Scotland will have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms and Conditions or in connection with any use of the website and its services.
The latest version of the MangoPay Terms and Condition can be found at https://mangopay.com/terms-and-conditions/payment-services in various languages.
