User Agreement Terms & Conditions

1. Introduction

This User Agreement is effective upon acceptance for those users who accept it through registration of an RC-Bay account.

This User Agreement, the RC-Bay User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which RC-Bay offers you access to and use of our sites, services, applications and tools (collectively “Services”). See an overview of our policies. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.

If you reside in the United Kingdom, you are entering into a contract with RC-Bay. If you reside outside the UK, please contact us for applicable terms.

2. About RC-Bay

RC-Bay is a marketplace that allows users to offer, sell and buy any RC (remote controlled product).

RC-Bay is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. RC-Bay is not a party to the transaction and is not a traditional auctioneer. RC-Bay does not have possession of anything listed or sold through RC-Bay.

While we may provide guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Except for certain checks, including those designed to verify that listings do not include illegal, harmful or non-RC related products, RC-Bay does not review users’ listings or content.

While we may help facilitate the resolution of disputes, RC-Bay has no control over, and, unless expressly provided, 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.

3. Using RC-Bay

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 or circumvent any laws, third-party rights or our systems or policies;
upload illegal content or use the service in the facilitation or commission of a criminal offence;
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 or are a person with whom transactions are prohibited under economic or trade sanctions;
fail to pay for items purchased by you, unless you have a valid reason as set out in an RC-Bay policy, for example, where the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
fail to deliver items sold by you, unless you have a valid reason as set out in an RC-Bay 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 and/or interfere with any other user’s listings;
fail to comply with laws and applicable guidance on sale pricing and promotion of items, and/or fail to comply with our pricing applicable;
post false, inaccurate, misleading, defamatory, libellous or illegal content or content harmful to children;
take any action that may undermine the Feedback or ratings systems;
transfer your RC-Bay account (including Feedback) and username to another party without our consent;
share your log in credentials with any third parties. If you require that authorised third parties (employees, agents, etc.) have access to your account;
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 RC-Bay transaction on the RC-Bay site (which includes using this information to send marketing materials directly to RC-Bay users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm RC-Bay, or the interests or property of RC-Bay users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of RC-Bay;
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 RC-Bay application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to RC-Bay. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to RC-Bay or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
commercialise any RC-Bay application or any information or software associated with such application except with the prior express permission of RC-Bay;
harvest or otherwise collect or use 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 RC-Bay 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 RC-Bay, you must comply with all applicable laws relating to online trading for the site you are selling on.

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 and close your account at any time. Refunds are not given if cancellation is carried out before advert expire term.

If (1) we believe you are violating the policy 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.

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 RC-Bay

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, 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 RC-Bay community or reduce our or another RC-Bay 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;
you circumvent, or seek to circumvent, any fees that may be payable when using RC-Bay;
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; or
we think that this is necessary in order to protect other users from illegal content being posted or listed on the RC-Bay site.

We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

5. Protecting Children

You should be aged 18 or over to access and use RC-Bay. However, to protect children from encountering content on RC-Bay which could be harmful to them, all categories of content harmful to children are prohibited on our website.

6. Illegal and Harmful Content

Our algorithms (including AI) evaluate key words, images and other criteria during the listing creation process to help identify items that are illegal, non-compliant and/or fail to comply with our terms and conditions. These algorithms flag listings for review by RC-Bay investigators or in some cases automatically block them from being published. We also conduct manual and AI sweeps on existing content.

We implement these safeguards in a way which we consider to be proportionate to the risk that listings might pose to other users of the Services – for instance as part of our measures to protect children from content that might be harmful to them we use proactive filters and undertake more regular sweeps for the following categories of content (“primary priority content”): pornographic content; content which encourages, promotes or provides instructions for suicide; content which encourages, promotes or provides instructions for an act of deliberate self-injury; and content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder.

If content is determined to be illegal, non-compliant or otherwise to violate RC-Bay policy, it is blocked or removed and the user is notified with an explanation as to why. RC-Bay has also developed robust measures to help stop bad actors and deter repeat policy violations, with penalties up to, and including, permanent suspension.

Our safeguards are also designed to minimise the length of time for which illegal content and content harmful to children is present on the RC-Bay site. This includes terrorism content, child sexual exploitation and abuse content, other illegal content, and primary priority content.

We will swiftly take down content where we are alerted to or become aware of the presence of any content on the RC-Bay site which we believe to be in breach of our policies (including illegal content and content harmful to children prohibited by our policies). Content may be taken down automatically if our algorithm flags the content as being illegal or content which is harmful to children; where content is flagged for review by an RC-Bay investigator we will prioritise review of content that is likely to be of most harm to users.

You can report content on the RC-Bay site which you consider to be illegal or harmful to children using the “Contact” functionality.

Registered authorities can report non-compliant listings via our “Contact” functionality.

7. Appeals about Illegal and Harmful Content

If RC-Bay takes one of the measures referred to in the Illegal/Harmful section, the affected users can clarify the facts and circumstances underlying such a measure electronically by filing an appeal via our “Contact” form with RC-Bay. Please note that you can make one appeal per content type. You can also request clarification through this appeals process if you have reported content that you consider to be illegal or harmful to children, but RC-Bay has rejected this report.

RC-Bay will handle these appeals in a timely, non-discriminatory, diligent and objective manner. RC-Bay will reverse the contested decision or measure, as far as this is technically possible and reasonable, without undue delay if we conclude that the appeal is justified.

8. Fees

RC-Bay has a simple fee structure based on a percentage of advertised price. Fee Percentages are listed on our Create account page.

You are only liable for applicable fees which are listing fees based on the cost of your advertised product. You are required to have a valid payment method on file when selling on RC-Bay.

If your payment method fails your advert will not be published.

You authorise RC-Bay to automatically take payment when your advert goes live. All Payments taken must be via card or PayPal. Payment is taken at the time your advert goes live.

RC-Bay does not give a Money Back Guarantee or reimbursements. RC-Bay will notify you of these charges. You can change your payment method in RC-Bay at any time or use multiple payment cards.

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

9. Listing Conditions

When listing an item, you agree to comply with the rules for listing, and Selling practices policy, and that:

you are responsible for the accuracy, content and legality of the item listed including listing content created using tools offered by RC-Bay or third parties such as translation, image editing, and generative artificial intelligence tools, and agree to list in accordance with the Prohibited and restricted items policy and all other relevant policies;
your listing may not be immediately searchable by keyword or category for up to 24 hours. RC-Bay does not guarantee exact listing durations;
when you create fixed-price listings, these will renew automatically once per calendar month and based on the listing terms at the time, until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date;
unless otherwise specified by law, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest) related to your sales on the RC-Bay site, where applicable, and you agree to use the Services in accordance with the UK Tax laws. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
content that violates any of RC-Bay’s policies may be modified, obfuscated or deleted at RC-Bay’s discretion;
we may revise product data associated with listings to supplement, remove, or correct information;
RC-Bay, at its sole discretion, may add content to listings, for example, a video to advertise RC-Bay programmes and/or Services;
we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyers’ location, search query, browsing site and history; item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller’s history, including listing practices, Detailed Seller Ratings, RC-Bay policy compliance, Feedback, and defect rate; and number of listings matching the buyer’s query to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
some advanced listing upgrades may only be visible on certain RC-Bay Services;
listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third-party search engine results;
we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
RC-Bay advertises the Services and provides other RC-Bay companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third-party advertising placements;
artificial intelligence-based tools may be used by RC-Bay or offered to you to use; the availability and accuracy of these tools and content are not guaranteed;
RC-Bay may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by RC-Bay or by any RC-Bay partners.

10. Purchase Conditions

When buying an item, you agree to comply with the following rules:

you are responsible for reading the full item listing before you purchase an item;
if you purchase an item using our RC-Bay site you are subject to this User Agreement solely with respect to that particular purchase.

Buyer and Seller

All Transactions on RC-Bay are solely between the Sellers and Buyers. RC-Bay has no function other than to facilitate the advertising of seller advertisement. Buyer requested returns are a matter between the buyer and seller.

11. Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other RC-Bay users as part of the browsing experience on RC-Bay. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including RC-Bay users). You may use that content solely in your RC-Bay listings during the time your listings are on RC-Bay’s sites. That permission is subject to modification or revocation at any time at RC-Bay’s sole discretion.

We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that RC-Bay is not responsible for examining or warranting the listings or content provided by third parties through the Services for accuracy, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all RC-Bay policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

The name “RC-Bay” and other RC-Bay marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of RC-Bay in the UK and other countries. They may not be used unless expressly authorised by RC-Bay in writing.

12. Data Protection and Privacy

Our Data Protection Policy can be viewed on the Data Protection Policy page of our website.

13. Delivery of Goods

Delivery of goods is to be negotiated by both Seller and Buyer. RC-Bay has no involvement with any postage costs and does not accept liability for goods or shipping. Delivery of goods is not part of RC-Bay’s service.

An acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with the UK Law.

14. Recommendations

RC-Bay may offer personalised recommendations to you to provide a relevant and engaging experience, helping you sell or buy items of interest to you. These recommendations may consider data related to your RC-Bay activity, the item, and seasonality, among other factors.

15. Liability

We try to keep RC-Bay and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in RC-Bay’s Services may not occur in real time. Such functionality is subject to delays beyond RC-Bay’s control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (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 which are not reasonably foreseeable by us arising, directly or indirectly from:

your use of or your inability to use our Services;
pricing, postage or payment between Seller and Buyer;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any RC-Bay Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
the duration or manner in which your listings appear in search results;
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. RC-Bay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

16. Legal Disputes

If a dispute arises between Seller and Buyer, RC-Bay strongly encourages both parties to seek a resolution. RC-Bay does not and will not attempt to resolve the dispute through alternative dispute resolution procedures. This issue is solely between Seller and Buyer.

If we take down or restrict access to any content you generate, upload or share on the RC-Bay site, or suspend or ban you from accessing or using our Services, in a way that breaches this User Agreement, you have a right to contact RC-Bay with your grievance. You and RC-Bay both agree to submit to the non-exclusive jurisdiction of the English courts.

17. General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

You agree that we may at any time and without notice set-off any of the amounts held in RC-Bay user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the RC-Bay group (including, without limitation, in respect of any services provided by any member of the RC-Bay group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an RC-Bay credit balance held or controlled by you.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email. All amended terms shall automatically be effective 15 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and an RC-Bay representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the RC-Bay site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

The User Agreement and all policies posted on our site are the entire agreement between you and RC-Bay and supersede all prior understandings and agreements of the parties.