Background

Welcome to UPCYBOM, the first B to B marketplace to connect buyer & sellers to promote theirs stocks. UPCYBOM is a membership only, no fees or hidden commissions

By reading these Terms and Conditions carefully ensure that you understand them. Your agreement to comply with and be bound by these Terms & Conditions, you will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.

Accounts

  • You need to create an account to fully navigate on this Marketplace.

  • You may not create an Account if you are under 18 years of age.

  • The Account information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

  • We always recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

  • It is completely your responsibility to keep your password safe.

  • If you believe your Account is being used without your permission, please contact us immediately at [email protected] We will not be liable for any unauthorized use of your Account.

  • You must not use anyone else’s Account without their permission.

  • If you wish to delete your Account, you may do so at any time by contacting us on [email protected] . If you delete your Account, We will remove your information from our systems and will remove your User Content from Our Site (where applicable) to the extent permissible by law. If you suspend your Account, nothing will be deleted, but you and your User Content will cease to be visible to other Users on Our Site. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

Links to Our Site

You do not use any logos or trademarks displayed on Our Site without Our express written permission; and you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it. You may link to any page on Our Site, www.upcybom.com

  • You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

sexually explicit, obscene, deliberately offensive, hateful, or otherwise inflammatory, promotes violence, promotes or assists in any form of unlawful activity, discriminates against, or is in any way defamatory of, any person, group, or class of persons; race, gender, religion, nationality, disability, sexual orientation, likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person, likely to deceive another person, likely to infringe (or to threaten to infringe) another person’s privacy, implies any form of affiliation with us where none exists, infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party, or made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

Disclaimers and Legal Rights

  • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

  • To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that my apply to Our Site or to any Content (including User Content) included on Our Site.

  • If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

  • We use all reasonable skill and care to ensure that Our Site is free from viruses and other, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

  • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Responsibilities of Sellers and Buyers

  1. Responsibilities of Sellers

    • Ensure that all product images and descriptions are accurate, complete, up-to-date, and not misleading;

    • Ensure that all products listed are available for sale and dispatch to a customer;

    • Ensure that all company details and descriptions are accurate, complete, up-to-date, and not misleading;

    • Ensure that all prices, all conditions, shipping and return policies are clearly explained to the buyers and agreed together.

    • Ensure that products purchased are dispatched to the customer in a reasonable timeframe;

    • Ensure that order statuses are accurate, complete, up-to-date, and not misleading;

    • Communicate directly with the buyer should they have any questions or issues.

  2. Responsibilities of Buyers

    • Ensure they understand that they are entering into an agreement to purchase a product from the seller and not from UPCYBOM;

    • Read and accept the seller’s shipping and return policies, and any other policies or terms outlined by the seller, before purchasing a product;

    • Engage communication with the seller before purchase should they have any questions or concerns about product or order enquires;

    • Supply accurate, complete, up-to-date, and not misleading delivery information upon purchasing

Taxes

  • It is the responsibility of Sellers to collect and pay taxes on any sales made via Our Marketplace.

  • Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.

  • If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace.

  • For further information on VAT and other taxes in your location, please contact your local tax authority.

Delivery

  • Sellers are required to dispatch items to you as soon as reasonably possible and within their shipping policy, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customized to order).

  • The Seller is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller’s. Furthermore, if you miss your delivery and the order is returned to the Seller, it is your responsibility to cover the cost of the shipping for the order to be resent to you.

  • Sellers are free to determine the delivery charges for their items; however, Sellers must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of delivering the item in question to you.

  • Different delivery methods may be offered by different Sellers.

  • Sellers and Buyers are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.

  • Any damages made to an order during transit is the responsibility of the courier and not that of UPCYBOM or the Seller.

  • All sales are final and there are no refunds, no cancellation, and no returns.

  • Although UPCYBOM takes reasonable steps to ensure the accuracy of the items displayed, certain features (such as the colors) may look and/or feel different due to monitor settings.

  • Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. Please see the shipping policy of the applicable seller for additional information.

Payments Responsibility

We will not take any payment responsibility from supplier or buyer.

  1. Caution

    It cannot be guaranteed that the samples and the actual product will be the exact same color and thickness due to batch-to-batch variations

    Refund policies will be negotiated between seller and buyer, UPCYBOM will not take any responsibilities.

    Be sure to run advance tests with a swatch or small portion of yardage before laundering/manufacturing full yardages to avoid damaging the goods. Washing and management methods can change depending on the characteristics of fabric or finished garments. UPCYBOM does not accept responsibility for fabrics that are incorrectly laundered/damaged by poorly handling products.

  2. Memberships

    As part of a membership package, UPCYBOM will create a “shop” on behalf of the user. A Shop is a dedicated webpage on UPCYBOM, maintained by UPCYBOM team, with content provided by the user. UPCYBOM has the right to any content added to the Shop by the user and has the right to remove or not publish the content if it violates any aspect of the Terms and Conditions.

    UPCYBOM reserves the right to modify or change membership packages, including the price and the contents of the membership package.

    UPCYBOM is not obligated to refund money or services if a membership package is cancelled early, for any reason.

    Membership fee is collected upon registration.

    Membership Cancel Policy - After 30-day money-back guarantee period for one year membership or 7 days for one month membership.

    • Membership cancellation may be requested for your next billing cycle and not your current cycle.

    • Cancellation must be requested at [email protected] via email, 30 days prior to the start of your next billing cycle.

      - When you cancel Membership plan, the change isn’t immediately reflected in your account. You’ll be able to finish using any remaining balance from your previous subscription cycle and have access to our website that you already paid for.

      - At the end of your annual billing cycle, your membership will be canceled and won’t be charged again.

    • Free trial period, i.e UPCYTRY, UPCYPRO or UPCYGIFT, the free trial period is valid for one time only per account

Law and Jurisdiction

  • These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of represented country.

  • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.

  • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms for Buyers, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of represented country.