1. Tonebay as a Marketplace
Tonebay is mainly a marketplace where users who follow these Terms of Use can list, advertise, sell, and buy musical instruments and related items. Tonebay does not guarantee the accuracy, truthfulness, or legality of listings, nor can it guarantee a seller’s ability to sell an item or a buyer’s ability to pay. Tonebay also cannot ensure that users will complete transactions or that users are who they claim to be.
Tonebay encourages you to communicate with potential buyers or sellers using the tools provided. You may also choose to use third-party escrow or identity-verification services.
To the fullest extent allowed by law, you agree that Tonebay is simply a marketplace and is not responsible for any content posted by you, other users, or third parties, including text, data, images, audio, video, profiles, or links.
YOU USE THE TONEBAY SERVICE AT YOUR OWN RISK, AND THE SITE IS PROVIDED “WITH ALL FAULTS,” INCLUDING NO GUARANTEE OF UNINTERRUPTED SERVICE (SEE SECTION 17). PLEASE ALSO REVIEW THE SECTIONS ON NO WARRANTIES (SECTION 13), LIMITATION OF LIABILITY (SECTION 14), AND INDEMNITY (SECTION 16).
2. Membership
A. Age Requirements
The Services are only for individuals aged 18 or older. By using the Services, you confirm that you are at least 18 and that your registration information is accurate. Tonebay may refuse access to anyone at any time and may change eligibility requirements. In places where this is prohibited by law, access is revoked. Minors under 18 may only use Tonebay with a parent or legal guardian, who is responsible for all activity.
B. Compliance
You agree to follow all laws regarding online conduct and content. You must follow these Terms of Use and any other rules Tonebay provides. To the fullest extent allowed by law, you waive any rights to notice of changes to the Terms. Additional services may have additional terms, which you agree to follow.
C. Passwords
Your password is your responsibility. You must keep it secure. You are liable for all activity that occurs under your account if you fail to protect your password. Notify Tonebay immediately if you suspect unauthorized access. Except for trusted password managers, you must not share your login information with anyone.
D. Account Information
You must keep your account details accurate and current, including a valid email address. If you sell on Tonebay, you must provide valid payment information (credit card, PayPal, bank account, etc.).
E. Account Transfer
You cannot sell or transfer your Tonebay account. If registering as a business, you personally confirm that you are authorized to bind your business to these Terms.
F. Right to Refuse Service
ACCESS TO TONEBAY IS A PRIVILEGE GRANTED AT TONEBAY’S DISCRETION.
Tonebay may terminate accounts offering marketplace services that compete with Tonebay, or accounts showing fraudulent or unauthorized Wallet use. Tonebay may also close inactive or unconfirmed accounts, or accounts that violate policies or Community Rules. Tonebay will usually notify you unless legally restricted or if you are a repeat violator.
3. Fees and Services
Creating an account and setting up a shop on Tonebay is free. Listing items is free. Tonebay charges a percentage of the sale price when an item sells. You will see and accept applicable fees during listing. Tonebay’s Billing Policy—subject to change—is part of these Terms. Fee changes take effect once posted, unless law requires a delay. Promotional fee changes apply only during the promotional period.
Fees and Termination
If Tonebay ends your account or listing, or if you close your account, or if Tonebay cannot process your payments, you still owe all outstanding fees. Unpaid accounts may face penalties, suspension, account termination, or collections.
YOU AGREE THAT TONEBAY MAY CHARGE ANY PAYMENT METHOD ON FILE TO COLLECT OUTSTANDING FEES AND WAIVE CLAIMS AGAINST TONEBAY FOR DOING SO.
Contact Tonebay if you have billing questions.
4. Content License
A. Your Content
Tonebay does not claim ownership of your posted content. You are solely responsible for your content and confirm you have rights to post it. By posting content, you grant Tonebay—and others authorized by Tonebay—a non-exclusive, worldwide, perpetual, royalty-free license to use, display, modify, reproduce, distribute, store, and create derivative works of your content for operating and promoting the Services. You allow Tonebay to reformat and display your content as needed, and to use transaction data as Tonebay sees fit.
B. Personal Information
Personal information obtained through transactions may be used only for that transaction unless the user gives specific permission. You may not send unsolicited messages or add users to mailing lists without consent.
C. Re-Posting
Content on Tonebay may be re-posted or indexed by outside sites. You agree not to hold Tonebay responsible for such use. If you display a Tonebay-hosted image elsewhere, it must link back to its Tonebay listing.
D. Idea Submissions
Any unsolicited suggestions or ideas submitted to Tonebay are considered non-confidential and non-proprietary. You grant Tonebay full rights to use such material for any purpose without compensation.
5. Information Control
Tonebay does not control user-submitted content. Some content may be inaccurate, offensive, or deceptive. Risks exist when dealing with minors, international users, or misrepresented identities. You agree that Tonebay is not responsible for user actions and that you use the marketplace at your own risk.
Tonebay is not responsible for the availability or content of external websites linked from the Site.
6. Arbitration and Dispute Resolution
If issues arise, Tonebay encourages you to contact them first. If no resolution is reached, both parties agree to resolve disputes through binding individual arbitration, unless an exception applies (small claims court or IP-related injunctions).
A. Disputes Covered
This arbitration requirement covers all claims related to the Services, content, products, or prior versions of these Terms.
B. No Class Actions
Claims must be brought individually, not in class or collective actions.
C. Informal Resolution First
Before filing arbitration, both parties must attempt resolution for 30 days after sending a Notice of Dispute.
D. Batch Arbitration
Similar claims filed in large groups must proceed in Batches, each handled by a single arbitrator.
E. Opt-Out
New users have 30 days to opt out of arbitration. Existing users have 30 days after new Terms take effect.
Additional rules for ROW users and local consumer rights apply as described.
7. Disputes Between Users
If you have a dispute with another user, Tonebay encourages direct resolution.
YOU RELEASE TONEBAY AND ITS EMPLOYEES FROM ALL CLAIMS THAT RESULT FROM SUCH DISPUTES.
Tonebay may try to help but has no obligation to resolve disputes and does so only at its discretion. Failure to respond to Tonebay within 48 hours may result in Tonebay resolving the dispute in its discretion.
Feedback
Tonebay will only remove feedback if it is false, inflammatory, or violates policies. Fully refunded orders cannot receive feedback.
You release Tonebay from all claims connected to disputes, feedback, or your use of the Services.
8. Financing Vendors / Layaway
Tonebay may offer financing options through third-party companies like Affirm or Klarna. These vendors are not Tonebay’s agents. You waive any claims against Tonebay related to your use of these financing services.
Tonebay does not support layaway transactions. Offsite layaway arrangements are the seller’s full responsibility.
9. Email, Text, and Fax Communications
By using the Site, you agree that you have an existing business relationship with Tonebay and waive claims. Registering or providing contact information means you agree to receive marketing communications, which you may opt out of at any time.
10. Tonebay’s Intellectual Property
Tonebay’s logos, designs, trademarks, and intellectual property may not be used without written permission.
11. Access and Interference
You agree not to use bots, scrapers, or automated tools to access Tonebay unless permitted. You must not overload Tonebay’s servers, copy user content, or interfere with the site’s functionality.
12. Breach of Terms
Tonebay may remove content or suspend or terminate accounts without notice if users violate these Terms, engage in fraudulent behaviour, or risk legal liability for Tonebay. Access to the Site is a privilege, not a right.
13. No Warranty
TONEBAY PROVIDES THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
Tonebay cannot guarantee uninterrupted service, error-free functionality, or virus-free operation. You use the Services at your own risk.
Some jurisdictions may not allow limitations on implied warranties.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TONEBAY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR EMOTIONAL DISTRESS.
Maximum liability is the greater of (A) the fees you paid Tonebay in the prior 12 months or (B) £100.
15. CITES and Claims Release
CITES restricts international trade of certain endangered woods (like rosewood). By selling or shipping internationally, you accept all risks of confiscation or loss and release Tonebay from related claims.
16. Indemnity
If Tonebay faces a claim because of something you did, you agree to indemnify Tonebay and cover legal fees. Tonebay may choose to handle its own defence strategy.
17. No Guarantee of Continuous Service
Tonebay does not guarantee uninterrupted access. Third-party partners (including shipping partners) are also not guaranteed.
18. Intellectual Property Policy
You may not post copyrighted or trademarked material without permission. Repeat infringers will be removed. DMCA rules apply to copyright notices and counter-notices.
19. Trademarks for Modified Instruments
Users modifying instruments may not use original trademarks unless they have permission. Tonebay enforces valid trademark claims.
20. Gift Cards
Tonebay gift cards are available. Terms are posted separately.
21. Tonebay Integrations
Using Tonebay Integrations means you accept these Terms and third-party platform terms. You are responsible for compliance with all laws, and you release Tonebay from claims related to your Integration use. Integrations are provided “as is.”
22. Legal Compliance and Taxes
You must follow all laws and pay taxes related to your sales or purchases. Tonebay is not responsible for your tax obligations and cannot provide tax advice.
23. Severability; Waiver; Assignment
Invalid parts of these Terms will be limited or removed, but the rest will remain. Tonebay’s failure to enforce any part is not a waiver. Tonebay may assign its rights under these Terms.
24. No Agency
You and Tonebay are independent contractors. No partnership, joint venture, or employment relationship is created.
25. Modification of Terms
Tonebay may update these Terms at any time. Material changes will be communicated when legally required. Continued use of the Services after changes means you accept the updated Terms.
26. Notices
Notices to Tonebay must be sent to the addresses listed on this site. Notices to you may be sent to your registered email or posted to your dashboard.
27. Disclosures
Tonebay.co.uk, provides the Services.
Updated 25/11/25