Full Terms & Conditions

Please read our Terms and Conditions carefully before you use our website.

These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them.

No person under the age of 18 years or incompetent to enter into a legally binding contract may use our website for sale and purchase of the items.

You are: visitor to our Website / a Member.

Business Type

My Charity Marketplace (MCM) is an online retail platform which brings together buyers and sellers by way of displaying items under different categories for sale by the sellers to be purchased by online purchasers. The website operates throughout the recognised territory of the United Kingdom.

The business is a profit making enterprise but it’s aim is to share a percentage of the commission made on every sale with UK Charity partners, and to give UK Charity partners the opportunity should they wish to be a seller in their own right via their own store front. Charities who have their own store fronts and sell their own merchandise fall under the same terms and conditions as sellers, except that they are not charged commission on their goods and only incur payment processing charges.

Payments for goods taken on the site will be split between the seller, MCM and partner charities.

MCM hold no stock and items will only be delivered direct from the Sellers. We may carry some advertising (paid for by money and also in kind such as publicity for agreed price or promotion). We will also carry Seller profiles and other items of interest for the reference of the Online Purchasers. The Sellers will be responsible for order fulfilment, after sales service and returns.

User Declaration

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions.

Definitions

Charity(ies) means a charitable organisation properly registered and recognised as such by the governing body of such organisations in England, Scotland, Wales and Northern Ireland

Charity Partner means a charitable organisation who benefits from the sale of goods on MCM

Seller(s) means the person or an organisation that uses the Website for offering its products to the Online Purchasers, including Charities who offer merchandise for sale via their own store front;

Online Purchaser(s) means the person who uses Website for the purpose of purchasing a product from the Seller;

Registration means the process that each of the Online Purchasers or Sellers completes in order to avail the Services;

Members means either a Seller, an Online Purchaser or a Charity Partner

Services means the Services which we have agreed to provide to the Members as per the terms of this document;

Donation means the percentage commission donated to a charity partner from MCM as a direct result of a sale

Website means www.mycharitymarketplace.com

Your Acceptance

You now understand and acknowledge that by being a visitor, member or partner you are entering into an agreement with us and that you accept these terms and conditions. If you do not agree to any of these terms, please do not use the Website.

We may also have an additional contractual relationship with you as a business partner, advertiser or affiliate that are not governed by these terms.

Sellers are also subject to additional terms known as the seller code of conduct [link here].

You accept these terms and conditions knowing that we reserve the right to change any of these terms or part of the, change the appearance and/or content of the website, change the fees, charges, donation structure or any other condition for the use of the services thereof.

What we Require

All Members must provide the following information at the time of registering over the Website (Purchasers may remain guests and choose not to create a permanent account with the Website):

Your Username, Chosen Password, Email address, type of member, Company or Charity Name and number, VAT number and contact details. This list is not exhaustive and we may ask for additional information without which you may not be able to continue as a Member.

As a Member, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised use. You are responsible for all account activity; you should inform us if you suspect any unauthorised access or attempted access or use of your account. You may not assign, transfer or authorise any other person to use your membership.

We reserve the right to suspend or terminate website access due to a breach of any of these terms.

Acceptable use policy

You will not use the Services in a manner which violates any national or international law or regulation, or which fails to comply with accepted internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use our services to gain unauthorised access to any other computer system.

You will immediately notify us of any security breach or unauthorised use of your account. You will not interfere in any way with another user(s) use of our services. You will not resell, rent, lease, grant a security interest in, or make commercial use of our services without our express written consent.

We will try to ensure that Website is continuously available and all the services offered are available on it. But we accept no responsibility for the consequences of interruptions or delays and its consequences, however caused.

We are not liable for any loss or damage suffered by you as the result of your use of this Website including any loss of future earnings, profit or prospects or any consequential or speculative loss.

Pricing and payment

We expect sellers to price their goods in the same way as they do on their own website or that of other marketplaces or reseller sites, however we ultimately have no control over this. Payment is made to Sellers and Partners via a secure online payment system.

We are not responsible for any payment made to the Seller by the online Purchaser. The financial information is used to obtain payment for goods you have ordered from us. The page where this information is given by you is controlled by our contract merchant service provider Stripe. Such information is automatically encrypted, and later decrypted for use. It never touches our system.

You will pay all sums due under these terms by the means specified without any set-off, deduction or counterclaim.

The Online Purchaser is responsible for paying all agreed costs associated with a purchased product through the Website as stated in the invoice. An Online Purchaser must pay the amount due in full within 14 days of purchase. If the purchases are not paid in full, the Seller risks penalties such as the suspension of privileges and/or termination of the account.

Where an Online Purchaser is ordering via the charity wholesale merchandise system, an invoicing procedure takes precedence over the shopping cart process. The supply of goods is subject to our normal payment terms and conditions and goods remain the property of the seller until payment is made in full.

Members Obligations
For Online Purchasers:

If you want to exercise your right of returns of the product under the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you must inform the concerned Seller about your intention with the reason of cancellation in writing within the period of 14 days from the delivery of the product. This is known as a "Cooling Off Period". This right is not applicable in case of fresh products for examples flowers, fruit baskets or food items, products made to your personal measurement or specifications or personalised for you. As we are not the Seller of the products, we do not owe the responsibility of this return and refund. You must take care of the goods and return them to the Seller in this case, (you may have to pay for the costs of returning the goods) or make them available for collection. Additional information will be found in the Sellers own Terms and Conditions.

We cannot intervene in any contract or purchase made between you and any of our Sellers or Partners outside of the Website. We will make every effort to verify the identity of Sellers and Partners but we ultimately have no control over the accuracy of any posting or identity of Sellers.

You shall indemnify and keep indemnified us against all costs, claims or liabilities incurred by us and arising out of any engagement of the Seller and/or as a result of any breach of these terms by you. We shall not be liable to you in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity due to any kind of dealing with the Seller by you;

You understand when you register with the Website, either for a permanent account or guest account, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.

For Sellers:

You agree that our role is only to introduce you to the Online Purchaser. We do not guarantee any purchase or other kind of engagement by the Online Purchaser or the monetary value of any anticipated sales through the Website. Your contact with the Online Purchaser is without any liability upon us.

You understand that you are not our agent, employee, partner or in any other relationship and you do not have authority to enter into any commitment on our behalf unless specifically authorised in writing by us;

The products must be your own to sell, they must fit in with our terms of lifestyle, health and well-being and you may not sell on behalf of someone else. You must comply with our Seller Code.

You undertake to hold adequate cover of public liability insurance at all times during applicability of these terms in your case; the offered products may not be illegal such as weapons, knives, you may not supply any tobacco or any other drugs or intoxicants; products containing alcohol may only be received by the purchaser or their nominated recipient who must be over 18 years of age.

You may not promote or sell any item which may embarrass or offend our Charity Partners or their beneficiaries/supporters. You must not mislead the Purchasers with any false or misleading pictures or descriptions of the product.

Your products must comply with the applicable health and safety requirements under the UK and EU laws. Product descriptions must include any warnings that are necessary, an example of this is the sale of toys that must clearly show appropriate age ranges, or warnings on products which may contain nuts. The materials used for producing goods must be legal and safe under all required UK and EU safety requirements.

You undertake to supply the products as per the governing law in the United Kingdom. You also undertake to hold any registration and a valid licence from appropriate authority or authorities as may be application for your business.

Sellers must add their own terms for delivery, including delivery timescales and any special delivery options. Delivery timescales must be realistic to avoid undue stress to the Purchaser. Delivery must be made by a trackable delivery service; item pick-up should not be given as an option.

You must supply true and correct information about yourself for the purpose of these terms. You further undertake that you have all authority experience of dealing in the products as displayed on the Website. All the certificates and information as may be required in support of your undertaking will be self-verified by you to be true and correct.

You will indemnify us for any breach of these terms on your part in addition to any other terms that we may communicate to you from time to time.

Returned and replacements products must be advised to us before they are sent to the Online Purchasers. You are responsible for authorising refunds, you will not be reimbursed for any commission or charitable donation arising from refunds that are caused by non-delivery, faulty or substandard goods.

You understand when you register for the Website, you will be asked to provide us with certain information. For the purposes of the Data Protection Act 1998, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.

In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that we may carry out our own investigations into your fitness or otherwise to supply goods via our Website using any methods we choose. disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.

You may list your products or any other website but not knowingly at a price that undercuts the prices listed on the Website, the commission structure including the charity donation is part of our business model and prices should not be uplifted as a consequence.

Account Termination

You understand and agree that we retain the right, at our discretion, to terminate any part or all the Services without any refund under appropriate circumstances without prior notification to you. We may terminate your access to and use of the Website if, you are determined to have breached these terms and conditions or our instructions that we may issue from time to time. The cause for such termination shall include, but not be limited to:

  • breaches or violations of these terms (as amended up to date) in addition to other instructions or guidelines that we may issue from time to time;
  • requests by law enforcement or other government or regulatory authorities;
  • your violation of third party copyrights or other intellectual property, such as, but not limited to, pornography, obscene or defamatory material, hate or inciting violence or sending spam messages via our messaging system or messages containing advertisements for third party services.
  • security breaches which may impact on our ability to trade or trade securely.

If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:

facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and or bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity. Notwithstanding termination of this relationship for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.

Internet Security

You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of the Website. Examples of violations may include:

  • accessing data unlawfully or without consent
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
  • bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients
  • sending of junk mail
  • taking any action in order to obtain services to which you are not entitled
  • Policy relating to intellectual property and link exchange

You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so. Where we believe any breaches of security may have contravened criminal law we will report to the appropriate authority.

Intellectual Property

Title, ownership rights, and intellectual property rights in all contents and material that is part of, contained in, or accessed through the Website and provided either by us or by any other Member of third party shall remain the sole property of us or any other content provider, as the case may be. Certain brand, products, services or business names contained within the Website may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties of all countries.

We respect the intellectual property of others, and we expect you to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of Members who infringe the intellectual property rights of ourselves or others. If you become aware of any misuse including offensive content and any intellectual property policy breach, please contact us.

The Website may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. All trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.

Indemnity

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents and Charity Partners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising directly or indirectly from:

  • your failure to comply with the law of the UK
  • the posting by you of any content on the Website
  • your violation of any third party right, including without limitation any copyright, property, or privacy right
  • the posting by any third party with or without your knowledge of any material on your website
  • any use of the Website for a purpose forbidden by these terms
  • your violation of any of these terms
  • any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
Limitation of Liability

In no event shall we, our officers, Charity partners, employees, affiliates, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

errors, mistakes, or inaccuracies of content. Nor shall we be liable to you for:

  • any consequence of you dealing with any person through the Website
  • any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  • any interruption or cessation of transmission to or from our Website
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for the content that may be defamatory, offensive, or illegal conduct of any Member or third party and that the risk of harm or damage from the foregoing rests entirely with you.

You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us.

Disclaimers

We do not have any direct involvement in transactions between the Members and as a result cannot control or guarantee any aspects of such transactions including the ability of a Seller to supply or an Online Purchaser to pay for any listed product. You will not hold us responsible for the actions or inactions of the Sellers and Online Purchasers or for ensuring that they actually complete transactions and their respective obligations. You further agree that we are not in the position of controlling or guaranteeing the quality, safety, morality or legality of neither any content on the Website nor any detail relating to the true identity, age or nationality of any Member.

We give no warranty, express or implied, as to the truth of any information given on the Website including the quality and suitability of the products in addition to text, usernames, artwork, images, graphics, photographs, data, craft process information and any links posted by any Member.

Much of the content provided on the Website is submitted (and thereby published) by the Members and third parties. We have in place basic checks and voluntary undertakings but are under no obligation to vet, check or approve any such material. We further disclaim all responsibility for such content.

We take no responsibility for the wrongful use of any information published on our Website by any person. We provide the blog facility to the Members to facilitate direct communication in respect of any potential transaction. You understand that you use our service at your sole risk without any liability on our part. You are requested to use caution, common sense, and practice safe buying and selling when using the Website. Please do not assume that the offer, sale or purchase of any item is valid and legal simply because it is listed on the Website. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any content that you post on the Website.

Information that you provide to us may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site. If this policy should change in the future, then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.

In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the Content available from this Website.

Miscellaneous

In these terms, any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies, charities and all other legal persons of whatever kind and however constituted.

Any notice or other information required or authorised by these terms and conditions to be given by either party to the other may be given by hand or electronic means to the other party at the address last provided for that type of communication. The service of notice shall be deemed to have been made on the second day of its transmission (except in case of electronic means where it is deemed to be made immediately).

No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any of these terms is at any time held by applicable jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of the applicable jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

Any dispute arising under or in connection with these terms may be referred to arbitration by a single arbitrator appointed by us.

The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions.

These terms shall be subject to the law applicable in the United Kingdom. The parties hereby waive any other jurisdiction to which they may be entitled by reason of their present or future domicile or for any other reason.

Our registered business address is 1 Sixpools Grove, Worsley, Manchester M28 7GR