Terms of use

1. Introduction

 This is CyBay’s user agreement.  Listed below are our policies which offers you access to our services, applications and tools.

 You agree to comply with our policies when accessing our site.  Please see the terms and conditions regarding the processing of personal data.

 You are entering into a contract with CTL CYBAY TRADING LIMITED, 188, 1^st April Avenue, PO Box: 34065, 5280 Paralimni, Famagusta, Cyprus

 

2. About CyBay

CyBay is an online shopping portal based in Cyprus that allows users to offer, sell and buy a variety of pricing formats and locations.

CyBay does not have possession of anything listed or sold through CyBay and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely a guide and is down to the discretion of the user.

CyBay does not review users’ listings or content, although we may help facilitate the resolution of disputes.

CyBay has no control over, and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Sellers must have a valid payment method on file with CyBay at all times. You authorise CyBay to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for CyBay fees, and postage labels. CyBay will notify you of these charges. If payments or amounts owed to CyBay cannot be completed through the payment method on file for any reason, you are still required to pay CyBay for all unpaid amounts and CyBay reserves the right to seek reimbursement through other means plus any additional costs incurred by CyBay in seeking reimbursement. You can change your payment method in “My CyBay” at any time.

3. Using CyBay

In connection with using or accessing the Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach any laws, third-party rights or our systems or policies;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
• fail to pay for items purchased by you, unless you have a valid reason, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
• fail to deliver items sold by you, unless you have a valid reason as set out in an CyBay policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, defamatory, or libellous content;
• take any action that may undermine the Feedback or ratings systems;
• transfer your CyBay account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• use the contact information of other users for any purpose other than in relation to a specific CyBay transaction on the CyBay site (which includes using this information to send marketing materials directly to CyBay users unless the user has given explicit consent to receiving these materials);
• distribute viruses or any other technologies that may harm CyBay, or the interests or property of CyBay users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any CyBay application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe any “Intellectual Property Rights“) that belong or are licensed to CyBay;
• Collect information about users, such as email addresses, without their consent; or
• circumvent any technical measures we use to provide the Services.

If you are registering with CyBay as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on CyBay, you must comply with all applicable laws relating to online trading for the site you are selling on (please familiarise yourself with the requirements for selling in Cyprus).

You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel this User Agreement by visiting this help page. We may recoup the cost of any Services provided up to the point of cancellation.

If (1) we believe you are violating the policy on Offers to buy or sell outside of CyBay, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of CyBay, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the CyBay site, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

4. Abusing CyBay

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

• we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
• we think that such restrictions will improve the security of the CyBay community or reduce our or another CyBay user’s exposure to financial liabilities;
• we think that you are infringing the rights of third parties;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
• despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

5. Fees

Private seller fees for using our Services are listed on our Fees for private sellers page and business seller fees for using our Services are listed on our Fees for business sellers page. The fees we charge for selling vehicles are listed on our Fees for selling vehicles on CyBay Motors page. We may change our fees, or introduce new fees from time to time by posting the changes on the CyBay site or via the Messages section of My CyBay 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all CyBay Services, even if sales terms are finalised or payment is made outside of CyBay. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the CyBay site, even if the item does not actually sell.

You are required to have a payment method on file when selling on CyBay. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Seller fees don’t purchase exclusive rights to item exposure on CyBay whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

6. Listing Conditions

When listing an item, you agree that:

• you are responsible for the content of your listing, providing accuracy and complying with prohibited and /or restricted items;
  • OEM software
  • Adult films and video games with a rating of X, XXX, R18, or unrated for an adults-only audience
  • Sexually explicit anime, comics, books, films, animation, manga, hentai, yaoi
  • Adult magazines, nudist publications, or adult anime/manga that include sexually-explicit content, nudity, or sexual stories
  • The following magazines and books can be listed as long as the listing and product don’t contain nude images or explicit content: Playboy, Playgirl, Mayfair, and Penthouse
  • Listings containing nudity (other than nude art)
  • CyBay defines nudity as male/female genitalia, anus, or female breasts where the areola or nipple is visible

Sex toys and sex accessories can be listed in the Health & Beauty > Health Care > Sexual Wellness categories, and must follow these guidelines:

• Sellers must be pre-approved. If you’ve registered as a business seller on CyBay and want to become a permitted seller, please submit your request at by email to approval@cybay,com,cy We will reply to you within 2 weeks
• Items must be new and in the original packaging
• Listings must not offer international postage
• Listings must not include images of nudity or sexual content

Nude art listings must include the item specifics attribute Subject: Nudes, and can only be listed in the Art categories, or the following Collectibles categories:

Sellers can only list the following live animals:

• Live bait (minnows, shiners, earthworms, and mealworms)
• Composting worms
• Live insects, crickets used as bait or feeder food for pets
• Shellfish, such as crabs and lobsters, that are live when sold but intended for human consumption
• Aquarium or pond fish (up to 5cm long), snails, tadpoles or similar creatures. Aquarium or pond fish longer than 5cm may be listed with the “Collection in person” option
• Hatching eggs for some animals are permitted provided the seller offers domestic-only next-day delivery within the UK and Ireland

Pets and other live animals not included in the list above are not allowed.

• Bootleg recordings
• Catalogues
• Counterfeit currency and stamps
• Credit and debit cards
• Currency, selling
• Digitally delivered goods
• Drugs and drug paraphernalia
• Embargoed goods and prohibited countries
• Enabling duplication of copy-protected material
• Encouraging illegal activity
• Event ticket resale
• Firearms, weapons, and knives- examples include pepper spray, replica firearms, and stun guns
• Food
• Gaming machines (slot or fruit machines)
• Government, transit, and postal items and official items- examples include aeroplane operations manuals, public transportation employee uniforms, and Royal Mail mailbags
• Hazardous, restricted or regulated materials- examples include batteries, fireworks and refrigerants
• Human remains and body parts
• International trading
• Items encouraging illegal activity- examples include an eBook describing how to create methamphetamine
• Mailing lists and personal information
• Medicine and healthcare products- examples include prescription drugs, contact lenses, pacemakers, and defibrillators
• Multi-level marketing, pyramid and matrix programs
• Offensive material- examples include ethnically or racially offensive material and Nazi memorabilia
• Personal relationships and services
• Pesticides
• Plants and seeds
• Police-related items
• Presale listings
• Recalled items
• Recordable media
• Replicas, counterfeit items, and unauthorised copies
• Currency, and coins
• Stolen property
• Tobacco
• Travel
• Used cosmetics
• Vouchers
• Weeds(see plants and seeds)

• your listing may take up to 24 hours to be displayed. Listing durations may not be exact;
• when you create fixed-price item, these will automatically renew at the end of the time frame or if the item is not sold or you cancel the listing;
• the sellor is responsible for all taxes in the country they live relating to the sales on the CyBay;
• advertising/listings that violates any of CyBay’s policies may be modified or deleted at CyBay’s discretion;
• any obscure or unintelligible content will be removed at CyBay’s discretion;
• we may revise listings to remove or correct information;
• we strive for a positive buying and selling experience which will result in a market place where buyers find what they are looking for, taking into consideration, buyers location, browsing history, price, shipping cost and sellors history ratings matching the buyers query;
• we may provide with recommendations on performance history, displaying your sales and performance history to other sellors;
• CyBay will display listings and content of users on price comparison sites;

7. Purchase Conditions

• When purchasing an item, you are responsible for reading the listing in full before buying the item.
• you enter into a legally binding contract when your bid is accepted.
• For property and motor vehicles an offer is not binding but expresses a serious interest in the item.

8. International buying, selling and translation

For international sellers and buyers , we offer certain tools such as local currency conversion and international shipping calculation. 

9. Content

We try to provide reliable data that has been provided by third parties.

Including product data, images descriptions and specifications.

You agree that cybay is not responsible for examining the listings or content provided by third parties and you will not attempt to hold us liable for inaccuracies.

When providing us with content you allow us to a non-exclusive, worldwide right to use the content without limitation and allow us to exercise and copyright, trademark, publicity or any other property rights.

You promise not to assert your property or intellectual rights in the content against us, our sublicensees or our assignees.

You agree not to remove any copyright, identification markings in the product data.

The name Cybay and its logos and designs may not be used unless expressly authorised by Cybay in writing.

10. Data protection and Privacy

• Cybay and its users will process information in this agreement independent to each other.
• All users will comply with legislation under the data protection laws within the EU and local data protection, including appropriate safeguarding of personal information to a third country or other international organisation.
• You agree to erase personal data received immediately after the respective purpose has been fulfilled.
• Any further processing of personal data is not permitted.
• Failure to abide by these obligations may result in account suspension.
• Through “My Cybay” you will receive information necessary for processing your transactions.
• Cybay only shares information about users with third parties if this is necessary for the provision of the services.
• Once the user agreement is expired, we will delete the information you provided.

11. Additional Terms

 Returns

Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, CyBay may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My CyBay. Where returns have been set to automatically accept requests, an CyBay-generated return postage label will be provided to your buyer. You agree to comply with our returns policies.

When an item is returned, to refund the buyer, (and provided the transaction was not processed via managed payments), you authorise CyBay to request PayPal, Stripe or any other payment provider to reverse the refund amount (in the same or other currency) from your account, or alternatively place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.

The cost of return shipping for an item that is not as described is the seller’s responsibility.

You authorise CyBay to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file, when:

• an CyBay-generated return postage label is used, and the seller is responsible for its cost;
• returns and refunds have been automated; and/or
• you fail to send your buyer a return postage label and instead an CyBay-generated label is used.

• When a transaction is cancelled (and provided the transaction was not processed via managed payments), and you choose to refund the buyer via CyBay, you authorise CyBay to request PayPal, Stripe or aother to reverse the refund amount (in the same or other currency) from the seller’s account, to the buyer. See our cancelling a transaction policyfor more details

Most CyBay sales go smoothly, but if there’s a problem with a purchase, the CyBay will help buyers and sellers communicate and resolve issues

 Sellers can create their own rules on items such as sold as seen, or no returns after thirty days etc etc…..

Correcting mistakes in payments to buyers and sellers

We reserve the right to fix any processing errors we discover.

12. Global Shipping Programme

We make our Cybay listings available to international buyers via Cybay.com.cy through our global shipping programme.

For listings located in Cyprus that are purchased by an international buyer in another country eligible for our global shipping plan.

You will post an item from an international shipping centre located in Cyprus. Ie: DHL,UPS, FED EX, etc…

A third party shipping provider will oversee the shipping process of the item to your buyer.

Buyers will pre-pay any applicable postage or import charges, the item will then be tracked from the shipping centre to delivery.

You will be responsible for ensuring your items are compliant with overseas regulations.

13. Delivery Options

We may include certain delivery options to your listings to help buyer experience.

For items that are eligible a Cybay click and collect option will be available.

14. Liability

We strive to ensure Cybay is safe and secure and our services are functioning efficiently.

We will update the functionality on a regular basis to bring the best user experience.

Occasionally functionality is subject to delays beyond Cybays control.

We are not liable to you in contract or any other business losses or negligence, such as loss of data, reputation or business losses which are not foresable. This includes our directors, agents, employees and subsidiaries.

Your inability to use our services that cause delays, including viruses or malicious software. (bugs)

Damage to your hardware device.

Actions of any third parties including items listed or allegedly fake items.

Any suspension taken due to breech of account.

You are legally responsible for your actions under the laws of any items you list on any other sites.

Cybay cannot be responsible for all information provided by users although we aim to verify such information, user verification on the internet is difficult.

We cannot confirm and are not responsible for the accuracy and truthfulness of users.

15. Compensation

You will compensate us in full for any losses or costs incurred including our legal fees, relating to any breech or in proper use of CyBay services.

16. Legal Disputes

 For any disputes between you and Cybay we advise you to first contact us directly via our customer services team.

We will try our best to resolve the dispute through our dispute resolution procedures.

Any claim or matter arising shall be governed by the law of Cyprus.

You and Cybay agree to the jurisdiction of Cypriot courts.

17. General

We may utilise our rights and obligations under this agreement.

If you have a dispute with one or more of our users, you release us and our directors and employees from claims and demands and damages of every kind arising out of or connected with such disputes.

We may amend this user agreement at any time.

Change will take effect when we post the updated changes on the cybay site.