These Terms for Sellers, together with any and all other documents referred to herein, set out the terms under which Users (“Sellers”) sell on Our Marketplace. Please read these Terms for Sellers carefully and ensure that you understand them before selling on Our Marketplace. You will be required to read and accept these Terms for Sellers when you set up an Account on Our Marketplace. If you do not agree to comply with and be bound by these Terms for Sellers, you will not be able to sell on Our Marketplace. These Terms for Sellers, as well as any and all contracts are in the English language only.
1.1 In these Terms for Sellers, unless the context otherwise requires, the following expressions have the following meanings:
Our Site is owned and operated by Chicmi Limited, a limited company registered in England under company number 09756178, whose registered address is The Retreat, 406 Roding Lane South, Woodford Green, Essex, United Kingdom, IG8 8EY.
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
You may only sell on Our Marketplace if you are at least 13 years of age.
Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:
5.1 Buyers are not making purchases from Us and are not entering into a contract with Us. A Buyer’s purchase is from you, and their contract is with you;
5.2 We will not be a party to any dispute between you and any Buyer or another Seller. Any claims must be made directly against the party concerned;
5.3 We do not pre-screen Sellers or any items that you advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and
5.4 While you are required to comply with these Terms for Sellers, which include provisions covering important matters such as payment methods, processing times, and delivery methods, We recognise that all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).
6.1 You are permitted to sell clothing, beauty products, jewelry and accessories on Our Marketplace.
6.2 We reserve the right to remove any Listing that breaches the provisions of this Clause 6. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
When selling on Our Marketplace, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:
7.1 if an item is not new, it must not be described as such;
7.2 if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
7.3 if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;
7.4 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;
7.5 subject to sub-Clause 7.6, photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;
7.6 if you are selling multiples of the same item (including, but not limited to, items made to order, customised versions of an item, or variations resulting in a similar but not identical product), you do not need to include photographs of every individual item, provided that your description sets out any variations that are likely to be made, stating that the photographs provided are examples only;
7.7 your listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance;
7.8 if you are offering items made or customised to order, provide full details of the options available to Buyers;
7.9 if you are offering items made or customised to order and the price for those items will vary according to a Buyer’s requirements, include full details of pricing including, if possible, set prices for different versions of an item or, if this is not possible, a statement that pricing will vary according to the Buyer’s requirements;
7.10 if you are offering items made or customised to order, you must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times;
7.11 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);
7.12 your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding Our Processing Fees.
8.2 Sellers must, at all times, respect the intellectual property rights of other Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
8.3 If you feel that another User (whether they are another Seller or a Buyer or otherwise) has infringed your intellectual property rights in any way, please contact Us at email@example.com.
8.4 If another party contacts Us accusing you of infringing their intellectual property rights:
9.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:
9.2 When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
9.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Sellers. Further actions We may take include, but are not limited to:
9.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Sellers.
10.1 Unless otherwise agreed, a Processing Fee of 10% of the price of each item sold will apply to each sale. Processing Fees are calculated based only on the price of an item, including delivery charges. A minimum fee of $1 / £1 / C$1 / €1 will apply to each item sold (depending on the currency of the sale). Processing Fees cannot be returned when refunds are issued.
10.2 Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers (including, but not limited to those described in sub-Clauses 7.12 and 9.1.7) are strictly prohibited.
11.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe Payments Europe, Ltd., Our Third Party Payment Service Provider.
11.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
11.4 The Payment Service works with the following payment methods:
11.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
11.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
12.1 All payments are processed using the Payment Service described above in Clause 11.
12.2 You may choose to allow Buyers to pay you using some or all of the payment methods listed above in sub-Clause 11.4.
12.3 When you confirm shipment of a product, the Buyer’s payment will then be transferred directly into your designated bank account within 30 days.
12.4 If a Buyer does not pay, you may cancel the transaction. Please refer to Clause 18 for more information on your cancellation rights.
12.5 We will not make any Buyers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
13.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
13.2 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.
13.3 Value added tax (“VAT”) may be charged to Buyers on purchases and to Sellers on fees payable to Us.
13.4 If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.
13.5 For further information on VAT and other taxes in your location, please contact your local tax authority.
14.1 You must dispatch items as soon as is reasonably possible upon receipt of payment from a Buyer under Clause 12, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless your Listing has stated otherwise, or unless the Buyer has agreed otherwise, you must dispatch items no later than 30 calendar days after the date on which the sale takes place.
14.2 You must ensure that you dispatch items to the correct address provided by the Buyer. It is your responsibility to ensure that the address that you use exactly matches that provided by the Buyer. If items dispatched do not reach the Buyer due to an incorrect address provided by the Buyer, it is the Buyer’s responsibility and not yours.
14.3 You are free to determine the delivery charges for your items; however, delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of delivering the item in question to the Buyer.
14.4 You must provide an accurate ships-from address with the delivery.
14.5 You are responsible for delivering items to Buyers upon receipt of payment. You may deliver items personally, arrange with the Buyer for the Buyer to collect items, or use a postal or delivery service of your choice.
14.6 It is strongly recommended that you obtain proof of postage or dispatch when dispatching items. Such proof will be important in the event that a Buyer does not receive the item(s) from you.
14.7 Once an item has been dispatched to a Buyer, you must inform the Buyer. You must not describe an item as dispatched until it actually has been.
14.8 You must comply with any and all applicable shipping and customs regulations when delivering items to Buyers. It is your responsibility to check, be aware of, understand, and comply with all such regulations.
15.1 Buyers who are consumers (that is, not businesses) based in the European Union may be entitled to a “cooling-off” period within which they may cancel their contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the Buyer (or someone nominated by the Buyer) receives the item.
15.2 The cooling-off period does not apply in the following circumstances:
15.3 If a Buyer exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The Buyer may do so in any way they wish, however for convenience We provide a cancellation form on Our Site. Cancellation by email or by post is effective from the date on which the Buyer sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the Buyer sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.
15.4 Items must be returned to you by the Buyer no more than 14 calendar days after the day on which the Buyer informs you that they wish to cancel. The Buyer will be responsible for the costs of returning items to you if they cancel under the cooling-off period.
15.5 When a Buyer cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:
15.6 You may make certain limited deductions from refunds under this Clause 15 as follows:
16.1 By law, you must provide goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that you provide to the Buyer, and that matches any samples or models that you have shown to the Buyer (unless you have made the Buyer aware of any differences).
16.2 If items do not conform with the requirements outlined in sub-Clause 16.1 and, for example, have faults or are damaged when the Buyer receives them, the Buyer must contact you as soon as reasonably possible to inform you of the problem. The following remedies will be available to the Buyer:
16.3 If the Buyer exercises the final right to reject the item(s) more than six months after receiving it/them, you may reduce any refund to reflect the use that the Buyer has had out of it/them.
16.4 Please note that Buyers will not be eligible to claim under this Clause 16 in the following circumstances:
16.5 Refunds (whether full or partial, including reductions in price) under this Clause 16 must be issued within 14 calendar days of the day on which you agree that the Buyer is entitled to a refund.
16.6 Any and all refunds under this Clause 16 must include all delivery costs paid by the Buyer when the item(s) was/were originally purchased.
16.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
17.1 You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
17.2 Refunds must be made within 30 days of:
18.1 You may close your Account and cancel your agreement with Us by emailing us at firstname.lastname@example.org.
18.2 Any outstanding sums due and payable to Us (including, but not limited to, Processing Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
18.3 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
19.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers.
19.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Sellers or as a result of Our negligence.
19.3 Subject to sub-Clause 19.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
19.4 Nothing in these Terms for Sellers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
19.5 Nothing in these Terms for Sellers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
20.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
20.2 If any event described under this Clause 20 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
21.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at email@example.com, or by post at The Retreat, 406 Roding Lane South, Woodford Green, Essex, IG8 8EY, United Kingdom.
21.2 For matters relating to Our Marketplace including, but not limited to, these Terms for Sellers, transactions, Buyers, and other Sellers, please contact Us by email at firstname.lastname@example.org, or by post at The Retreat, 406 Roding Lane South, Woodford Green, Essex, IG8 8EY, United Kingdom.
21.3 For matters relating to cancellations, please contact Us by email at email@example.com, by post at The Retreat, 406 Roding Lane South, Woodford Green, Essex, IG8 8EY, United Kingdom, or refer to the relevant Clauses above.
22.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
22.4 If a Seller and Us are found to be joint data controllers of any Buyers’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Buyer’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.
23.1 We may transfer (assign) Our obligations and rights under these Terms for Sellers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Sellers will not be affected and Our obligations under these Terms for Sellers will be transferred to the third party who will remain bound by them.
23.2 You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.
23.3 If any of the provisions of these Terms for Sellers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Sellers. The remainder of these Terms for Sellers shall be valid and enforceable.
23.4 No failure or delay by Us in exercising any of Our rights under these Terms for Sellers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Sellers means that We will waive any subsequent breach of the same or any other provision.
23.5 We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Sellers are to your material disadvantage, you may cancel as set out in sub-Clause
24.1 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 England & Wales.
24.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 24.1 above takes away or reduces your rights as a consumer to rely on those provisions.
24.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
24.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
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