Seller Terms & Conditions
These terms are in addition to and not in derogation of the website Terms and Conditions available at www.mycharitymarketplace.co.uk
My Charity Marketplace (hereafter referred to as ‘we’ or MCM) facilitate an on-line introduction only. We do not guarantee any business or other kind of engagement with the Customers which will take place entirely at the discretion and choice of the Customer. We may be involved in facilitating negotiations or communications between Members but we are not at any stage responsible for any product supply or non-supply or defect in product supplied by you. We cannot be held responsible for any spurious postings, reviews or non-payment by any Customer. Although we shall always take steps to remove items that we consider unrepresentative of the Website, you are assumed to make your own reasoned judgement about the suitability of postings before you decide to act upon any Customer query or feedback.
You will have the sole responsibility to verify the identity, credentials, and other information delivered to you by any persons contacting you through the Website.
Your listings of the products for sale on the Website may only include text descriptions, graphics, pictures and other content relevant to the sale of those products. You are not permitted to use logos or images or text that contains links or details to a personal or business website, blog or competitor website except with prior permission in writing from us. You are not allowed to use the name or material supplied by any of our Charity Partner in your promotional activity unless you have received permission from us and the Charity Partner beforehand.
All products that you offer must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. The content that you display over the Website must not be an unreasonable or disproportionately large size to adversely affect the Website infrastructure and functionality. You further agree to give us all time non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use all intellectual property rights you may have in the content for any marketing/advertising purpose.
You understand that we are not your agent, employee, and 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.
You agree that your products comply with our aim of showcasing products which enhance lifestyle, health and well-being and you do not supply or sell items on behalf of someone else. You will list your products in plain English, you will provide instructions for use with delivery where necessary. You will ensure that images are professional, of high definition and following and guidelines supplied by us.
You also undertake to hold any registration and a valid licence from appropriate authority or authorities as may be applicable for your business and the product that you offer for sale through the Website.
The products that you offer for sale must be legal and not counterfeit or stolen items to breach any law of established jurisdiction such as weapons, knives, and related items in addition to tobacco or any other drugs or intoxicants. You may only supply alcohol to recipients over the age of 18 years. Further, these products must not infringe the copyright, trade mark or other rights of third parties.
You must not solicit for new business on MCM or use the website to send unsolicited communications. Any such action will result in your account being deleted and possible action taken with your business or internet service provider.
Under the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you must provide the following information to the Customers prior to the Customers making a purchase:
- The full name of the business.
- The full postal address of the business if payment is required before receiving the goods.
- A full and accurate description both written and photographic of the goods including any relevant safety information
- The total price of the goods including VAT (Value Added Tax).
- Delivery options and the cost of each option, including accurate expected delivery timescales
- The customers right to cancel the order and the timescales or otherwise (for fresh, personalised and made to order items only) and whether the customer is responsible for the cost of returning the goods
- Your returns and refunds policy
- How long an offer or price remains valid.
Safety and quality of sale items is of the utmost importance. Your products will comply with the applicable health and safety requirements under the UK laws. The product descriptions must include any warnings that are necessary. The materials used for producing goods must be legal and safe under all required UK safety requirements.
You must clearly communicate your delivery strategy to the Customers in addition to the terms and grounds of return of goods, shipping, pricing, payment and selling policies. Such policies must be designed in good faith and in compliance with the applicable laws and in adherence to our terms of relationship with you. Return of products must be advised to us before they are sent to the Customers. We will advise them and provide a return number.
You will not mislead the Customers with the false or misleading description of the product or the product that you do not stock or it may be for any unlawful, illegal, fraudulent or harmful purpose or activity.You must have a pre-existing business set up to offer the products in the UK before opening an account on the Website.
You will not disclose any information that was provided to you by us and you will use your best efforts to guard the Customers’ privacy. You must not use any Customer details or Charity Partner details supplied by us for your own marketing purposes or that of third parties.
You undertake to have supplied true and correct information about yourself and undertake that you have all qualifications, whether occupational and educational, training, skills and experience for dealing in the product being offered on the Website. By listing your products, you agree to all stated terms and conditions. All the licenses, certificates and information as may be required by us in support of your undertaking will be self-verified by you to be true and correct.
We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by us or by third parties without any liability on us.
We reserve the right to review all applications to sell with us. We reserve the right without explanation to refuse Seller applicants where they do not fit with our ethos or website. Our seller accounts are commission based and include an amount that is immediately donated to a charity of the Purchaser’s choice. You must not inflate or manipulate the price of the products to counteract our commission structure, you must you’re your products at the same or lower price as you list on your own or other websites. We reserve the right to alter our commission structure at any time.
We may offer premium services at extra cost at specified times. Commission is deducted at the point of sale, where other amounts are due you must pay the said amounts within 28 days of invoice, failure to do so may risk the suspension or termination of your account.
You may not alter the products’ prices after a sale, misrepresent the products’ location, or using another user’s account without permission.
Where a potential purchaser approaches you for product information via the Website you must not attempt to circumvent that sale via another channel or give information to the Purchaser about other places the product is listed either directly or indirectly. You must not place a link to other websites or products or any other promotional or third party activity in any communication you have with a Member that was initiated on the Website.
You are responsible for all taxes, including VAT and taxes of any kind levied on your sales of the product.
If you have no option but to agree to a full refund to the customer because of the customer’s dissatisfaction with any element of the sale, delivery or non-delivery we will not refund any commission or charity donation already taken at the point of sale.
Where a chargeback situation occurs we will accept liability and will not require a refund of your payment or the Charity Partner donation.You must clearly state on your product page the items and/or the circumstances under which you will not provide a refund.
Except as provided in this agreement, all monies paid by you to us are non-refundable and cancellation and/or termination of these terms by you or us at any time for any reason will not entitle you to a refund of monies paid.
You agree that we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
You undertake to hold adequate cover of public liability insurance at all the times during applicability of these terms in your case.
You shall indemnify and keep indemnified us against all cost claims or liabilities incurred by us and arising out of any engagement with the persons seeking your help and/or as a result of any breach of these terms, the Website terms and any other terms that we may supply to you from time to time. 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 advice or engagement with any such person.
You agree that you will not during your membership and within one year of its termination, by any means and neither for yourself nor for any other person, directly or indirectly, advise, instruct, do or assist in any activity the effect of which is to promote competition with us.
Any dispute arising under or in connection with these terms shall be referred to arbitration by a single arbitrator appointed by us.
These terms shall be subject to the law applicable in the England and Wales. 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.