HOPE AND STORY MARKETPLACE LIMITED
ONLINE MARKET PLACE TERMS YOUR ATTENTION IS DRAWN SPECIFICALLY TO CLAUSE 14 (LIMITATION OF LIABILITY)
1. These terms
- These are the terms and conditions upon which you may access and use our marketplace. By accessing and using our marketplace, you will be legally bound by these terms.
- Please read these terms carefully before you use our marketplace. These terms tell you who we are, how the marketplace will operate, how you and we may change or end our contractual relationship, what to do if there is a problem and other important information.
- HOPE AND STORY MARKETPLACE LIMITED a company registered in England and Wales. Our company registration number is 13057709 and our registered office is situated at Grove House Coombs Wood Court, Steel Park Road, Halesowen, West Midlands, United Kingdom, B62 8BF.
- Hope and Story is an online Marketplace that allows independent sellers to list their items for sale on their own designated page.
- We do not sell items; we only provide a marketplace service for Sellers to sell their items to buyers and to assist in the facilitation of that process by taking payment for items purchased and facilitating refunds where instructed to do so by the Seller.
- You can contact us by telephoning our customer service team on either 01299667770 or email:email@example.com.
- If we must contact you, we will do so by using the contact details, email or telephone number, you provided to us when you registered your account with us.
- When we use the words "writing" or "written" in these terms, this includes emails.
- You will be able to browse our marketplace without registering.
- Before you are able to use our marketplace to buy items, you must follow the registration process so that we can set up your account. You must be over 18 to do this. Details on how to register with us are set out on our marketplace.
- When registering to use the marketplace as a buyer, we will assume that you are a consumer. A consumer is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If this not the case, and you are looking to purchase items in the course of a business, you must contact our customer services team before buying anything through our marketplace on either 01299667770 or email:firstname.lastname@example.org
- In certain instances, a consumer may have the right to cancel a contract to buy the Seller’s item provided they do so within 14 days of receipt of that item. This right is not available to business customers.
- For an account that enables you to buy via our marketplace we will need your email address, full name and postal address, and telephone number. We will also ask you to register your payment card or PayPal® details. This enables us to confirm your identity.
- For registration purposes, we will use the information supplied to verify your identity before we can accept your application for an account.
- If we are not able to verify your identity or we have some other concerns with your registration application, we have the right to decline your application for an account.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of these terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify our customer services team.
- As a registered user you are agreeing to use our marketplace only for the purposes it is intended, any unlawful use of our marketplace including but not limited to:
- committing any fraudulent act;
- masquerading as a consumer when you are a business customer; or
- using the marketplace in any way that results in causing harm to others, will result in your account being terminated without notice.
4. Changes to these terms
We may change the way in which our marketplace operates or these terms from time to time for operational purposes. You must therefore check these terms each time you access the marketplace and especially each time you wish to buy an item to ensure you are aware of any changes we have made.
5. Providing the marketplace
- A Seller will be allowed access to the marketplace to sell their items via their designated page(s).
- The Seller is responsible for the accuracy of the listing of its items.
- If access to or the use of the marketplace is prevented or delayed by an event outside our control, then we will take steps to minimise the effect of the delay. However, we will not be liable for delays caused by the event.
- Your right as a buyer to use the marketplace is dependent on the validity of your registered payment card. If your payment card is out of date or has been cancelled your access may be withdrawn until you update your payment card details.
We do not guarantee that the marketplace or any content on it will always be available or uninterrupted. We may withdraw or restrict the availability of all or any part of the marketplace (including any listing or designated page) for business or operational reasons.
- You may only list an item for sale on the marketplace if that item was manufactured or sourced from within the UK. Items conceived or designed within the UK, but sourced or manufactured from outside of the UK are ineligible to be listed for sale on the marketplace. Items imported into the UK are ineligible to be listed for sale on the marketplace.
- By listing an item on our marketplace, you, as the Seller of that item, are confirming that you are the manufacturer or owner of the item or that you are properly authorised to sell the item. We may ask for confirmation of this when an item is listed for sale.
- If any component or part contained or embodied within the item has been imported, you as the Seller must confirm you have complied with all the requirements, legal or otherwise, relating to any import or export of the item and all taxes and duties in respect of the item have been settled, unless stated to the contrary in the item’s description.
- You may only list an item for sale if that item is listed on your designated page.
7. Seller obligations
In addition to the obligations listed in clause 6, a Seller must also at all material times:
- comply in all respects with the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 when dealing with consumers purchasing an item that has been listed on the marketplace; and
- comply in all respects with the provisions of the Consumer Rights Act 2015 when selling an item to a consumer which was listed on the marketplace.
8. Buying (buyer’s obligations)
- You must be registered with us, including providing a valid payment card or evidence of a PayPal® account before you can buy any item listed on the marketplace.
- When a buyer offers to purchase an item on the marketplace you are making an irrevocable offer to purchase the item at that price.
- We will have the right to remove any offer made by you in circumstances where the payment card or PayPal® account registered is no longer valid.
- You must not, nor attempt to, purchase an item outside of the marketplace from the Seller directly. This applies to any sale completed between a buyer and a Seller, where the item is listed on our marketplace.
- Hope and Story Marketplace is an online marketplace made up of independent sellers who run their own shops and businesses. This means that each Seller is responsible for their own policies regarding refunds, exchanges and returns. Please see the “Returns” section on each Seller’s designated page.
- We are not a party to any transactions made between buyer and Seller.
- The terms upon which items are offered for sale will vary between Sellers. As a buyer you should read the Seller’s terms and conditions of sale each time before making your offer to purchase any items from them, as the Seller may have altered them since your last dealings with them.
- If you wish to exchange an item or return it for a refund for any reason, you will need to agree this with the Seller from whom you purchased the item.
- This marketplace will include images, information, and materials uploaded by Sellers (content). This content may not have been verified or approved by us.
- As a Seller uploading content, you warrant that you own all intellectual property rights in your content. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- We have the right to remove any content uploaded or posted by you without notice.
- We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
- You hereby grant to us an exclusive royalty free, irrevocable licence to use the content uploaded by you throughout the world without any restriction or limitation on our use.
- We do not guarantee the truthfulness, accuracy or reliability of any content uploaded by you or endorse any opinions expressed by you or anyone else. You fully and unconditionally release and forever discharge us and our officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with disputes between you and a buyer or one or more users of the marketplace.
- We are the licensee of all intellectual property rights contained within the marketplace. You must not use, copy or modify any material you have printed off or download from the marketplace in any way.
- Although we make reasonable efforts to keep the marketplace up to date, we make no representations, warranties or guarantees, whether express or implied that the content is accurate, complete, or up to date.
- Where the marketplace contains links to third party websites, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked website or information you may obtain from them. We have no control over those websites or resources.
- If you wish to complain about content uploaded by other users, please contact our customer services team.
The following clauses 11 and 12 only relate to the contract between you as a user of the marketplace and us. They do not relate to any contract made directly between a buyer and the Seller.
11. Rights of consumer to end a contract with us
- If you are a consumer, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to change your mind within 14 days registering to use the marketplace. This period starts on the day your application to use the marketplace is accepted by us. However, if within this 14-day period you make an offer to buy any item listed for sale on the marketplace, you can no longer change your mind and cancel even if the 14-day period is still running.
- We may suspend or terminate your access to the marketplace at any time by writing to you if;
- you do not make any payment to us when it is due;
- you break any of these terms;
- you withdraw an offer to purchase an item once you have made it; or
- you fail to complete the purchase of an item you have agreed to buy.
- We shall have the right to withdraw a listing of any item at any time at our discretion. We will not be liable to you for any loss you might suffer as a result of a listing being withdrawn by us.
13. Disputes between the buyer and the Seller
As we only provide the marketplace to enable the buyer and the Seller to buy and sell items, it is the responsibility of the two parties to resolve any differences between themselves.
14. Limitation of liability
As a consumer accessing or using the marketplace, you agree not to use the marketplace for any commercial or business purposes. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15. Other important terms
- We may transfer our rights and obligations under these terms to another organisation.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- No one, other than ourselves, a buyer or Seller shall have the right to enforce any of these terms.
- These terms and any dispute or claim arising out of or in connection with them or their subject matter of formation are governed by English law and you can bring legal proceedings in respect of these terms in the English courts.