MORZILLO: Terms and Conditions
1.2 We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible on the Site. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
2. Market Place
2.1 You acknowledge and agree that the Site is a marketplace for you to buy and sell horses and other equestrian goods (Products). Morzillo does not offer for sale or sell Products.
2.2 We do not act as principal in the transaction, nor as agent for either party, nor are we party to any binding agreement between the parties in relation to the sale and purchase of Products.
3.1 If you wish to offer for sale Products on the Site, you should upload to the listing all relevant information and images accurately and completely. You may message another user on the Site in order to discuss further the Product they may wish to buy/sell. We accept no obligation to screen, edit or monitor any listing or message but we reserve the right to remove, screen and/or edit any listing or message without notice and at any time. We do not necessarily endorse any opinion or statement contained in any listing or message.
3.2 Sellers wishing to offer for sale a horse on the Site can also upload a film of their horse to their listing. Sellers hereby grant to Morzillo a non-exclusive, royalty free, perpetual, transferable right and licence to use, edit, reproduce, broadcast and distribute their film, including stills from the film as Morzillo sees fit. Morzillo shall be entitled to grant sub-licences of the rights under this Conditions 3.2, including to allow other users of the Site to view the film as part of your listing. The seller who has uploaded the film to the Site warrants that use of the film by Morzillo under this Condition 3.2 shall not infringe the rights of any third party.
3.3 You should only upload listings on Morzillo (a) for the sale of horses and equine accessories, lorries, cars, houses/yards; (b) to sell Products that you own and/or have the right to sell; and (c) to sell Products that are not counterfeit.
3.4 Any listing and its contents and any message sent through the Site must comply with all applicable laws and regulations. In particular, but without limitation, your listings and messages must not (a) be inaccurate, false or misleading; (b) promote racism, hatred or physical harm of any kind against any group, establishment or individual; (c) harass or encourage harassment of another person; (d) promote illegal activities, criminal conduct or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contain inappropriate content, including sexual or violent content; (f) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; and/or (g) infringe any third party rights, including copyright, trade marks or rights of privacy.
4. Sale and Purchase of Horses
4.1 If you wish to buy a horse featured on the Site, you should contact the seller through the Site. You should not contact any owner in relation to the sale or purchase of anything other than the horse listed on the Site. We strongly advise that before you agree to buy the horse you view and ride the horse and obtain a vet check and appropriate insurance.
4.2 You understand that we do not investigate the backgrounds of any users or check the information provided by users. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to meet in person. Morzillo shall have no liability to you whatsoever in relation to your interactions with other users of the Site. Before meeting outside of the Site, we recommend that you follow the UK government guidelines set out here: https://www.getsafeonline.org/social-networking/
4.3 Once a horse is sold, whether as a result of contact through the Site or otherwise, the seller should promptly contact us so we can update our Site accordingly.
4.4 Morzillo does not charge a fee to users to buy or sell a horse through the Site.
5. Sale and Purchase of all other Products
5.1 If you commit to buy a Product through the Site, you are entering into a legally binding contract with the seller and you must therefore pay the price for the Product. Payments are managed through PayPal.
5.2 If you sell a Product through the Site, you must deliver the Product to the buyer, and manage any returns in accordance with applicable laws. Sellers are responsible for all taxes that may be due on income received in relation to the sale of Products.
5.3 If any item, other than horses, is purchased Morzillo receives a 4% transaction fee and a listing fee of £0.80 from PayPal deducted from the fee received by a seller through selling a Product on the Site, except in relation to the sale of horses. Please see our transaction fee page for further details https://www.morzillo.com/infos/how_to_use.
6. Use of the Site
6.1 To register and use the Site to buy and sell Products, you must be at least 18 years old and capable of entering into a legally binding contract. You must ensure that the details you provide to us on registration with are correct and complete and let us know immediately of any changes to that information.
6.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and you may not transfer your account to any third party.
6.3 The Site is made for your own, personal use. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.
6.4 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved. The MORZILLO trade mark is owned by Morzillo Limited.
6.5 The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
6.6 We accept no responsibility for adverts contained within the Site. If you agree to purchase products and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6.7 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any products, content or features from the Site at any time and for any reason.
7.1 The Site is a market place for users to buy and sell Products. Accordingly, Morzillo does not promise, and is not liable in respect of (a) the existence of any Products listed advertised; (b) the accuracy of listings; (c) any claim that the Products are not of a satisfactory quality, fit for purpose and/or safe; (d) the ability of sellers to sell or deliver Products or properly manage returns; and/or (e) the ability of buyers to pay for Products. Users agree not to hold Morzillo liable for the acts or omissions of other users.
7.2 The Site is provided ‘as is’ and we exclude all warranties in relation to the Site and accept no liability arising from your use of the Site.
7.3 To the extent permitted by law, Morzillo will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of the whether or not advised of the possibility of the same or for any direct loss relating in any way to the Products. If Morzillo is liable to you directly or indirectly in relation to the Site, that liability (howsoever arising) shall be limited to £20.
7.4 Nothing in these Terms is intended to limit our liability for death or personal injury caused by our negligence, our fraud or fraudulent misrepresentation or any rights you might have as a consumer against Morzillo or any other user under English law or other statutory rights that may not be excluded or limited by English law.
8.1. We may suspend or delete your account and block your IP address if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.
9.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.4 We may assign or otherwise transfer our rights and obligations under these Terms to third parties.
9.5. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
10. Upgrading your account
10.1 You may upgrade your account for front runner access at any time.
10.2 When you choose to upgrade your account we will charge you a payment for the upgrade period you have chosen. Payments will be processed by our third party payment processor, currently Braintree, using their secure server or can be made using Paypal or any other payment method as advertised on the Site from time to time.
10.2.1 Your account will automatically revert to a standard membership at the end of your upgrade period unless you opt to extend your upgrade period by making a further payment. We will only charge you for the period you have selected to upgrade for. By giving us your payment card details you are not granting us any continuing authority to automatically extend your upgrade period unless you have specifically opted to make regular, ongoing payments.
10.2.2 Once you've confirmed the payment to upgrade your account and we have sent you a confirmation email confirming your purchase a contract for upgraded subscription between you and us will have been formed and you’ll be able to receive the benefits of upgrading your membership immediately. You have the right to cancel your contract for upgraded subscription for up to 14 days after the contract has been formed under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013 (the "Regulations"). Please note that in accordance with the Regulations once you have started to receive the benefits of our upgraded service you will not be entitled to a full refund and we are entitled to charge you a pro rata amount for any services you have already received. The amount you are refunded will depend on when you decide to cancel your contract and will be calculated as follows:
10.2.3 if you cancel your subscription within the first 7 days of your contract with us you will be charged a pro rata amount for each day or part of a day of your subscription period that you have used
10.2.4 the pro rata amount you will be charged will be based on the full price for a 7 day subscription, i.e. 1/7th of the price of a 7 day subscription will be deducted from the total amount you have paid for each day or part of a day that you have used and you will be refunded the remainder of your payment;
10.2.5 for the purposes of calculating the amount to be refunded, a 'day' means a complete 24 hour period starting from the time that we send you confirmation of your upgraded subscription purchase;
10.2.6 the avoidance of doubt any cancellation requests received in the first 24 hours of your contract will incur 1 days' charge; requests received after 24 hours but before 48 hours have passed will incur 2 days' charge and so on; and
10.2.7 if you cancel your subscription after 7 days but before the end of the 14 day period we will charge you the full cost of purchasing a 7 day subscription period as you have already received the benefit of a full 7 day period but we will refund you the remainder or your payment.
11 Refunds will be made via your original method of payment and will usually be processed within  working days.
12 Please note that you will no longer have the right to cancel your upgraded subscription after your contract for upgraded subscription has been fully performed which in the case of a contract for a 7 day subscription period will be after the expiry of the 7 day period.
Last updated: May 2017