Terms of sale and licence

1. Who we are

Sellhelm is sold by Craig Gorton trading as Sellhelm, of Deal Street, Bury, BL9 7PU ("we", "us", "our"). You can reach us at support@sellhelm.co.uk, by post at the address above, or through the contact page. If you have already bought, a support request from your account is the fastest way to get help.

These terms are the contract between you and us for your purchase. By ticking the boxes at checkout and paying you accept them. The version you accepted is recorded with your order.

2. Consumers and businesses

Most people who buy Sellhelm use it for their eBay business, and then they are buying as a business. If you are buying wholly or mainly for purposes outside your trade, business or profession, you are a consumer and the extra protections for consumers in these terms and in law apply to you. Where a term says "if you are a consumer" it applies only to you then. The 14-day money-back guarantee applies to everyone.

3. Making the contract

The pack you choose, its price and what it includes are shown on the pricing page and again on the checkout page before you pay. Please check them, and check your email address, before you press pay. To buy you tick two boxes: one to accept these terms, and one asking for Sellhelm to be made available straight away (see section 9). We record when you ticked them. The contract is made when your payment is confirmed and we send you an order confirmation by email. If we cannot supply what you ordered, or the price was clearly wrong, we will tell you and refund you in full.

4. What you are buying

You are buying licences to use the Sellhelm program for Windows ("Sellhelm") as described on our website. It is digital content: nothing is posted to you.

• What it needs: a Windows 10 or Windows 11 computer with an internet connection, your own eBay seller account and your own free eBay developer keys (Sellhelm's setup guide walks you through getting them), and, for the shops that need it, the Google Chrome browser with Sellhelm's extension. Sellhelm reads supplier websites and works with eBay on your behalf; it needs those services to be available.
• What it does: it is described on the features, suppliers and how it works pages. The supplier list is the list of shops with their own reader today; it can change, and a shop can change its website at any time.
• How it is protected: each licence key is tied to one computer's Machine ID, and the program checks the key on that computer. It does not need to contact us to run.
• Packs: Solo includes 1 licence, Pair 2 and Crew 5. A licence is for one computer; several computers need several licences.

5. Delivery

As soon as your payment is confirmed you can sign in to your account and download Sellhelm. To get your licence key, start Sellhelm on the computer you will use, copy the Machine ID it shows, and send it from your account. Your key is then made automatically and appears in your account straight away (we email it to you as well). If it ever does not, tell us and we will issue it by hand, normally within one working day.

6. The licence

When you have paid, we grant you a non-exclusive, non-transferable licence to install and use Sellhelm, for your own use (personal or business), on as many computers as you have licences, one licence per computer at a time.

• The licence is personal to you or to your business. You must not resell, rent, lend, sub-license or transfer it to anyone else without our written agreement.
• You must not share, publish or sell the download or a licence key, or use a key on a computer it was not issued for.
• You must not remove or work around Sellhelm's licence check, copy it except to make a back-up or to install it on your licensed computers, or decompile or reverse engineer it, except where the law says you are allowed to and only to that extent.
• Sellhelm, its design, its code and its text belong to us or our suppliers. Your data (your products, prices, orders and books) stays yours and stays on your computer.
• Changing computer. If you replace, rebuild or reinstall the computer, you can move the licence to the new one: up to two times yourself from your account, and more by asking us. We may ask what happened if a licence is moved often.

7. Updates and new versions

Every release of the version you bought (every 4.x release, if you bought version 4) is included in the price. We publish updates in your account. A future major version (for example 5.0) may need a new licence; if so we will say so clearly before you are asked to pay anything, and the version you have will carry on working. We do not promise any particular future feature. We may stop fixing an old version once a newer one has been out for a reasonable time, and we will give notice if we do.

8. Price, payment and VAT

The price shown at checkout is the price you pay, in pounds sterling. We are not currently registered for VAT, so no VAT is added to the price. If that changes, we will say so on the pricing page, and any VAT will be included in the price shown. There are no other charges from us, and no subscription. Your card or account is charged once. Payment is taken by Stripe, through its secure card form on our checkout page; we never see or store your card details. Your bank or card issuer may charge you for currency conversion or similar; that is between you and them.

9. Your right to cancel, and our 14-day guarantee

Our guarantee (everyone). Tell us within 14 days of buying and we will refund you in full, whether or not you have downloaded, installed or used Sellhelm, and you do not need to give a reason. This is a promise we make in addition to your legal rights. See the refund policy for how.

Your legal right to cancel (consumers). If you are a consumer you have a legal right to cancel a distance contract within 14 days, starting the day after you buy, without giving a reason. For digital content such as Sellhelm, that legal right ends once we begin to supply it, which is when you first download Sellhelm or we make your licence key available, if you have first asked us to begin supplying straight away and acknowledged that you will lose the right. That is why, before you pay, we ask you to tick a box saying exactly that. We record when you ticked it and repeat it in your order confirmation email, and we supply nothing until you have.

The guarantee stays. Losing the legal right to cancel never affects our guarantee: for 14 days from buying you can still have your money back in full, even after you have downloaded and used Sellhelm. If you want to cancel or ask for a refund, tell us clearly, for example by email or a support request; you can use this wording: "I cancel my order [order number] and ask for a refund." We will refund you without undue delay and within 14 days of you telling us, to the payment method you used, at no charge.

10. If something is wrong with Sellhelm

We will provide Sellhelm as described and with reasonable skill and care. If you are a consumer, Sellhelm must be of satisfactory quality, fit for the purpose you told us about, and as described. If it is not, you are entitled to a repair or replacement (usually a fix in a new version), and if that is not possible or does not work, to a price reduction or a refund. Nothing in these terms takes away those rights or any other right you have by law. Please contact us first; we will fix real faults.

Sellhelm depends on things we do not control: eBay, supplier websites, Windows and your internet connection. If a supplier changes its website and a reader stops working, we will try to update it in a reasonable time. Until then Sellhelm is designed to leave your listing as it was and to flag the product for you, rather than to guess.

11. Support

Support covers installing Sellhelm, connecting eBay, using Sellhelm and fixing faults. It is given through support requests in your account or by email. It does not cover legal, tax or accounting advice, or how to run your eBay business.

12. Your responsibilities

• You are responsible for following eBay's rules and each supplier's terms of use, including any rule about automated reading of their pages and about copying their text or photographs. Sellhelm reads pages from your computer, on your instruction.
• You are responsible for having the right to use any product text and photographs you list, and for what you list on eBay.
• Supplier pages can be wrong or change without notice, and prices and stock can change between one check and the next. Sellhelm works from what a page says. Check each listing Sellhelm prepares, and set price limits that suit you, before anything goes live.
• You are responsible for your own eBay developer keys and your data, for keeping your keys and passwords secret, and for keeping backups. Sellhelm makes daily backups and can export everything, but they are on your own computer.
• You must give us true details when you buy and keep your account password private.

13. Not advice

Sellhelm's Finances pages are bookkeeping and estimates. They are not tax, legal or accounting advice. Rates and rules change and your circumstances are your own: check with an accountant before relying on a figure, filing a return or registering for VAT.

14. Other companies and names

Sellhelm is not affiliated with, endorsed or sponsored by eBay Inc. or any supplier. eBay and other names and logos belong to their owners and are used only to say what Sellhelm works with. Sellhelm includes Node.js, which is released under the MIT licence.

15. Our responsibility to you

What we do not limit. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit or exclude. If you are a consumer, that includes your legal rights about digital content described in section 10.

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or of our failure to use reasonable care and skill. Loss is foreseeable if it was an obvious consequence of our breach or if you and we both knew it might happen when the contract was made. We are not responsible for loss that could not have been foreseen, or for loss if you use Sellhelm for business purposes.

If you are a business, and to the extent the law allows: we are not liable to you for loss of profit, loss of sales or revenue, loss of business, loss of goodwill, loss or corruption of data, or any indirect or consequential loss; and our total liability to you for everything connected with Sellhelm and this contract is limited to the price you paid for it. This is because Sellhelm is a tool that you use to make your own business decisions, at a price far below the value of the sales it may touch, and you are best placed to insure and to check the results.

16. Suspension and ending

If you seriously break these terms (for example by sharing a licence key) and do not put it right within a reasonable time after we ask you to, we may cancel the licence affected. We would tell you first, and refund you the price of that licence if the cancellation was not caused by your breach. If we refund an order, its licences are cancelled and you must stop using Sellhelm and uninstall it. Sellhelm checks licences on your own computer, so we rely on you to do that.

17. Your personal information

Sellhelm itself collects nothing and sends nothing to us. What we hold about you as a customer, why, and for how long, is in our privacy notice.

18. If you are unhappy

Tell us first at support@sellhelm.co.uk or through a support request, with your order number. We will acknowledge your complaint within two working days and aim to resolve it within 14 days. We are not currently a member of an alternative dispute resolution scheme, and we are not obliged to use one. If we cannot agree, you can also use the courts (see section 21). Consumers can get free advice from Citizens Advice (citizensadvice.org.uk, 0808 223 1133).

19. Changes

To these terms: we may update them for future sales. The version you accepted at checkout is the one that applies to your purchase. If we change the terms in a way that materially affects licences you already hold, we will only do so with your agreement or where the law requires it, and we will tell you. To Sellhelm: we may change how Sellhelm works when we publish updates, for example to keep up with eBay or supplier websites or to improve it, but we will not remove a core feature you relied on when you bought without a good reason and, where we do, we will say so in the release notes.

20. General

• These terms and the pages they link to are the whole agreement between you and us about Sellhelm. Nothing you were told before buying changes them, except anything we said that you reasonably relied on that is set out on our website.
• Only you and we can enforce this contract. Nobody else has a right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
• If a part of these terms turns out to be unenforceable, the rest still applies. If we do not enforce a right straight away, we can still do so later.
• We are not responsible for a delay or failure caused by something outside our reasonable control, such as an outage of a payment, hosting, email or internet provider.
• We may give you notices by email to the address on your account. You may give us notices at the email or postal address in section 1.
• We may transfer our rights and duties under this contract to another business that takes over Sellhelm, if that does not reduce what you get. You may not transfer yours without our written agreement, except as section 6 allows.

21. Law and courts

These terms, and any dispute about them, are governed by the law of England and Wales. If you are a consumer living in England or Wales, the courts of England and Wales can hear a dispute; if you live in Scotland or Northern Ireland you can bring a claim in the courts of your home nation, and nothing here takes away a protection you have under the law where you live. If you are a business, the courts of England and Wales have exclusive jurisdiction.