Terms of Service for Business Accounts

Terms of Service for Business Accounts

Last updated: 1^st September 2022

Before opening your Business Account with UK Marketplace, and/or using the ‘Site’ and accessing its ‘services’ every ‘’User’’ must read these ‘’Terms of Service’’ of use (hereinafter referred to as “Terms of Service”) the Privacy policy and the Cookie Policy, as well as the other compulsory provisions of the Site (including Account Options Menu, List of forbidden Items on UK Marketplace, Stripe Connected Account Agreement, Stripe Terms of Service, Stripe’s Privacy Policy, UK VAT Requirements for Sellers on Online Marketplaces.

These Terms of Service are a legally binding agreement between you and UK Marketplace regarding your access and use of the Site. By accessing and/or using the site, you confirm that you accept these Terms of Service and agree to comply with them and be legally bound by them.

These Terms of Service are specifically for Users of a UK Marketplace Business Account. For Personal Accounts please refer to the Terms of Service for Personal Accounts.

If you have any questions about these Terms of Service then you may contact UK Marketplace via email here: help@ukmarketplace.com

 

 

1. Welcome to UK Marketplace

1.1. UK Marketplace operates a peer-to-peer multi-vendor marketplace to connect buyers and sellers of a variety of items (hereinafter referred to as the "Service’) via the Site. UK Marketplace is not a Buyer nor a Seller of items on the Site, the Contract of Sale for an Item carried out through the Service exists solely between the Users involved in the transaction

1.2. The Service is operated by UK Marketplace Commerce Ltd, (Trade Name UK Marketplace), incorporated and registered in the United Kingdom under company number 13558236 and the registered office address is at Silverstream House, 45 Fitzroy House, London, W1T.  

2. Glossary of Terms

Additional Service(s): means additional services that are either paid or free services that are provided by UK Marketplace and offered on the site.

Business Account: is an account chosen from the Account Options Menu upon registration that is not a Personal account. A Business account is for professional traders and retailers, who are domiciled in the UK and either operating as a sole trader or through a UK limited company or other similar business setup/operating structure as recognised by the laws of England and Wales.

Buyer: means any User who buys or is interested in buying one or more Items from the Site whether through a Personal Account or Business account.

Checkout: means the area of the site where you order and pay for goods from a Business Account Seller.

Contract of Sale: A contract of sale is a legal contract for an exchange of goods, services, or property to be exchanged from seller to buyer for an agreed-upon value in money paid or the promise to pay the same.

Drop-shipping: means when a Seller acts as a 3^rd party reseller and accepts payment for an item and moves the Item directly from a manufacturer to a Buyer without taking physical possession of the item.

Items: means goods or services offered by a Seller and made available to a Buyer on the Site, that are not forbidden for sale by any National or International Law or by these Terms of Service.

Main Services: means the account options offered by UK Marketplace on the Account Options Menu Site to sell Items, buy Items, and interact with other user accounts via the UKM Messenger Service.

News and Advertisements: means content shared by UK Marketplace on the site, via email, push notifications, social media, or other means.

UKM Messenger Service: means the service provided on the site by UK Marketplace by which Users can communicate by sending messages in text or image or document form.

Messages: means written communication and/or the exchange of files and documents that are sent and received by Users via the UKM Messenger Service.

Personal Account: means an account chosen from the Account Options Menu that is not a Business account. A Personal account is not for-professional traders and retailers but is for the general shopping and purchase of goods and for listing second-hand items for sale on a cash-on-collection basis only.

Preloved Item(s): An item that a User Account owner already owns and has personally used and wishes to resell on UK Marketplace. Often also commonly referred to as a Second-Hand Item.

Privacy Policy: means the document published by UK Marketplace which describes how UK Marketplace collects, uses, stores, transfers, and protects the data and other important information of a visitor or users. The UK Marketplace Privacy Policy can be viewed here: Privacy Policy.

Receipt Confirmation: means confirmation that a buyer or user has received an item.

Seller: means any user who lists one or more items for sale on the site.

Service: means the services offered by the site, including the Main Services and Additional Services

Shipping: means the mode of transport and delivery by which a Business Account seller of an Item ensures that the item is sent and received by the buyer.

Site: means the UK Marketplace Website, and mobile applications browsed on and/or downloaded onto a PC, Smartphone, or Tablet.

Social Media Accounts: means both the social network accounts of UK Marketplace or a User on Facebook, Google+, Twitter, Instagram, Pinterest, YouTube, or any other social network through which content can be shared and obtained.

Terms:  means the words and/or phrases and/or clauses and/or other descriptive text and vocabulary that make up these Terms of Service and include Additional Terms of Service posted by UK Marketplace on the Site, which dictate how Users and Visitors gain access to and utilise the Service and Additional Services on the Site

Stripe: means the online payment service facilitated by Stripe Connect and integrated into the Site and made available to buyers and Sellers of items at Checkout.

User: means any individual, company, partnership, legal entity, or Business who is using the service whether as a Visitor or User account owner who has accepted the UK Marketplace Terms of Service specific to that account.

User Account or Account: this means either a Personal or Business account opened by a User to gain full access to all services.

User Content: means all text, images, videos, social media links, documents and other media uploaded/listed on the site by a User account owner.

Visitor: means any Individual, sole trader, company, partnership, legal entity, or Business that has not yet opened a User Account, but by the Terms of Service still wishes to use the limited functionalities of the Site that have been made available. 

3. Roles & Relationships

3.1. These Terms of Service define the relationship and legally binding obligations between UK Marketplace and the Users or Visitors to the Site, as well as the relationship, obligations, interaction, and manner of conduct directly between Users and Users, Visitors and Users and Visitors when using the Site and Service.

3.2. By setting up an account and using the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.

3.3. UK Marketplace allows Business Account Users to list and sell their Items and services on the Site to other Buyers against pre-payment with shipping as well as purchasing Items from other business account users and also arranging the purchase of Preloved Items from Personal Account Users on a cash-on-collection basis only.

However, although UK Marketplace helps facilitate the transaction between Buyer and Seller, UK Marketplace is neither a Buyer or Seller of goods and does not assume any responsibility, guarantee, warranty in relation to the items listed and sold, whether express or implied.

3.4. When a Buyer orders an Item through the Site, the Contract of Sale is formed solely between The Buyer and Seller. UK Marketplace is not a party to the Contract of Sale of an item purchased through the site..

3.5. When a Buyer arranges the purchase of a Preloved item from a Personal Account User they will communicate via the UKM Messenger Service to arrange things such as price, in-person viewing times and the address of the said Preloved item and then the contract of sale is formed solely between the buyer and seller in person at the moment of either agreement of price and terms Via the UKM Messenger service or in person at the address where the Preloved Item can be collected. UK Marketplace is not a party to the Contract of Sale of a preloved item.

 

4. Using the Site

4.1 Setting up a Business Account

4.1.1. A visitor can browse the site, view Items, and add them to a cart, but to both buy and sell items and access the full scope of the Service a visitor must register and set up a User Account with UK Marketplace.

4.1.2. To trade professionally without limitations other than those contained within these Terms of Service, a User must open a Business Account from the Account Options Menu.

4.1.3. To open a Business Account and use the Site the User must :

• Be a UK resident individual, sole trader, company, partnership, legal entity, or Business.
• Be 18 years of age if an individual.
• Have full capacity and all the necessary rights to carry out transactions on the site.
• Accept that they are fully responsible and liable for the transactions they conduct on the site.
• Must have access to an existing Stripe Account or open a new Stripe Account during the registration process.
• Must accept and comply with these Terms of Service.

4.1.4. The user is responsible for maintaining the confidentiality of their username details and password with regard to 3^rd parties, except for 3^rd parties who have been authorised by the User to use their username and password.

4.1.5.  UK Marketplace bears no responsibility for any act of crime, fraud, or misappropriation as a result of the user losing or sharing their username and password with a 3^rd party. Nor does UK Marketplace bear any liability for any loss as a result of misappropriation or theft of the Username and Password of a User.

4.1.6.  At their own discretion, as part of the UK Marketplace due diligence and Know-Your-Customer (KYC) requirements, both the UK Marketplace Compliance department, and Stripe may request additional documentation and proof of identity and conduct further investigation in order for the user to open and/or continue using their User Account. Subject to non-receipt or the results of further evaluation of the requested documentation, UK Marketplace shall have the absolute right to close the account of the user in accordance with these Terms of Service.

 

4.2 – Listing an Item on the Site

4.2.1.  When a Seller lists an Item on the Site :  

• The Seller must be the owner of the Item and/or have the right to sell the Item.
• The seller must not facilitate drop-shipping from a source outside the United Kingdom. Under these Terms of Service drop-shipping is not allowed on the site and is not facilitated by the Service unless the goods are manufactured and/or already located within the United Kingdom of England and Wales.
• The item must not violate the rights of any 3^rd party (including intellectual property rights) and must not violate any local national or international law or regulation.
• The item must not be included in the List of forbidden Items on UK Marketplace.
• The item must be safe and comply with all UK Acts and Legislation enforced by UK Trading Standards.
• The item must not be counterfeit.
• The Item description, images, dimensions, weight, and any other details provided by the Seller of an item must be a true and accurate representation of the item.
• The Seller must be able to deliver the Items to a Buyer within the timeframes specified.
• The Seller must ensure the photographic quality of the Item is high, preferably with White Background where possible.
• The Seller must ensure that their stock and inventory levels on the Site are accurate.

 

4.3 – Selling on UK Marketplace

4.3.1. In order to protect the User and reduce the risk of fraud, the sale of all items by a Business account shall be transacted through the Site and by using the Service.

4.3.2. No user shall attempt to finalise the sale of an Item listed by a Business Account on the Site without making payment using the checkout and payment gateway integrated into the site and facilitated by Stripe

4.3.2. All communication with any prospective Buyer of an Item from a Business Account shall be through the UKM Messenger Service. The Seller shall not communicate with any seller via Telephone or email or any other method of communication other than the UKM Messenger Service.

 

4.4 – Buying on UK Marketplace

4.4.1.  Only persons of 18 years or older can buy items on the Site.

4.4.2.  We reinforce that when using the site and the Service, a Buyer is not purchasing any Item, Good, Service, Product or Anything Else that has been listed on the Site from UK Marketplace. The Buyer is purchasing that said item directly from the seller. UK Marketplace is not a Buyer nor a Seller of items on the Site, the Contract of Sale for an Item carried out through the Service exists solely between the Users involved in the transaction.

4.4.3  When purchasing from a Seller both parties involved in the Contract of Sale shall also be governed by these Terms of Service.

4.4.4.1 Before deciding to purchase an item, the order process allows a Buyer to first check the product description, images, videos, and reviews when available on the Site. As part of these Terms of Service all Buyers are required to check these things before deciding to proceed with the purchase of an Item from a Seller. A Buyer can also message a Seller any Item related questions before deciding to proceed to order an Item. As part of the order process UK Marketplace strongly advise a Buyer to ask such questions if the Buyer has any.

4.4.4.2 Before confirming an order from a Business Account User a Buyer is able to double check all the details of an order for errors at the Checkout. As part of these Terms of Service a Buyer is required to perform this order check when at the Checkout and/or before reaching the checkout, to make sure all elements of the order are as the Buyer’s requirements and there are no errors and that the Buyers decision to purchase an Item is final.

4.4.5 As a consumer, you have legal rights in relation to returning Items and Items that are faulty or not as described or not delivered. Nothing in these Terms of Service will affect these legal rights.

Further details in relation to these rights and how to apply them in relation to Items purchased on the Site are contained in Clauses 10.1 to 10.2.4 of these Terms of Service, and further advice about your legal rights are available from your local UK Citizens' Advice Bureau or UK Trading Standards office.

5. Shipping

5.1.  The Seller is responsible for Shipping all items to the Buyer. UK Marketplace do not provide shipping nor fulfilment services.

5.2. The Seller shall ensure delivery of all Items to the Buyer no later than 4 working days after receiving an order.

5.3. Items can only be shipped from within the UK, by a UK resident Seller.

5.4. UK Marketplace bears no responsibility for shipping Items and shall not be responsible for any local customs charges, import taxes, duties, VAT collection or similar charges.

5.5. Where possible the Seller shall always provide to the Buyer Tracking details for a Shipped Item.

 

6. Fees and Charges

6.1. UK Marketplace is authorised by the seller to collect Fees and Charges for the services as detailed Account Options Menu where all Fees and Charges are quoted and paid in British Pounds (GBP), with all taxes included.

6.2. In its sole discretion UK Marketplace may update their Fees and Charges from time to time, and such updates may include both fee type and price changes for the service. Price changes will not apply to ongoing sales transactions where the seller or buyer has already made payment. The updated Price and Fees List becomes effective and replaces the previous Price and Fees List at the time of making it live on the Site or other such time as indicated by UK Marketplace. If you do not agree with or accept the updated Fees and Charges then you can choose to terminate your relationship with UK Marketplace and close your User Account, as described in Clause 11.3.2 of these Terms of Service. If you continue to access the Site and use the Service you will be deemed to have accepted the updated Fees and Charges for all ongoing transactions.

7. Payments and Payments via Stripe Connect

7.1. UK Marketplace uses Stripe Connect to facilitate all payment and fee transactions associated with the service. Stripe is one of the world’s leading and most secure third-party payment service providers. To open a Business Account and use the service you must link your existing Stripe account or open a new account with Stripe during the registration process.

7.2.  Your use of Stripe through the Service is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service  (collectively, the “Stripe Services Agreement”) and you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.  As a condition of UK Marketplace, by enabling payment processing services through Stripe, you agree to provide UK Marketplace with accurate and complete information about you and your User Account. By using Stripe, you hereby consent and authorize UK Marketplace and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service. Where you use Stripe and have given UK Marketplace and Stripe permission to do so, you may authorise and request Stripe to debit your bank account by using the Bankers’ Automated Clearing Services (BACS) if for example the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Stripe Connected Account Agreement. For more information about how this works, please see Clause 7.3 of these Terms of Service (Bacs Direct Debit Request Service Agreement) of these Terms of Service

7.3   When purchasing an item from a Professional Business Account Seller on UK Marketplace a Buyer will be required to enter your Credit/Debit Card details or utilise one of the other payment services available such as Apple Pay or Google Pay.

        Your credit/debit card details and other payment account details may be saved for facilitating faster payment of future transactions. If you choose to do so UK Marketplace does not store or have access to any of your payment data. All such payment data is securely stored by Stripe and by accepting these Terms of Service you agree and accept that UK Marketplace bears no responsibility or liability for any misappropriation, theft, or fraud as a result of your saved payment data or payment data inputted into the site at checkout being stolen or misplaced.

7.4. BACS Direct Debit Service Agreement

7.4.1. Debiting your account: If the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Stripe Connected Account Agreement, you request and authorise Stripe to debit your bank account by using the Bankers’ Automated Clearing Services (BACS).

You will be sent an e-mail confirmation of the direct debit set-up within three working days of you setting up your account and Stripe will notify you in advance of any debits.

7.4.2. Your responsibilities: It is your responsibility to :

• Check whether or not your Bank Account can accept debit transfers through BACS.
• Ensure that your account has sufficient funds to allow for a debit transfer; and
• Check your bank statement account details and verify that all amounts are correct.
• If a debit transfer is returned to Stripe because your Bank Account has insufficient funds, it is your responsibility to fund the Bank Account so that we can re-process the debit transfer and you will be responsible for any costs incurred by us or Stripe in connection with the such rejected transfer.

7.4.3. The Direct Debit Guarantee: If you request Stripe to collect a payment, confirmation of the amount and date will be given to you at the time of the request If an error is made in the payment of your Direct Debit, by Stripe or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.

You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required.

 

7.4.4. Debit Errors: As a seller, if you believe there has been an error in debiting your account, you should Stripe by contacting them at Stripe Support. You can also notify your own Bank.

7.4.5. Changes to the Direct Debit Request Service Agreement: UK Marketplace / Stripe will provide you with at least 14 days’ notice before any changes to this Direct Debit Request Service Agreement.

7.4.6. Privacy: Information relating to this Direct Debit Request Service Agreement will be treated according to the UK Marketplace privacy policy and Stripe’s Privacy Policy.

7.5. UK Marketplace is authorised by the User Account owner to collect sums as part of the Services provided by the prices indicated in the Account Options Menu

7.6 All prices are expressed in British Pound (GBP) with all applicable taxes included.

7.7 If a Transaction is carried out via Stripe, the Buyer’s payment will be made by a credit card, debit card, virtual card or any other payment method approved for the Integrated Payment Service on the Site at the moment of concluding the Sales Contract in question.

7.8 If a Transaction is carried out via Stripe, the Buyer’s payment will be made by a credit card, debit card, virtual card or any other payment method approved for the Integrated Payment Service on the Site and at the moment of concluding the Sales Contract in question the total amount will be debited from the Buyer's account or payment method (the price of the Item + shipping costs). If the Buyer does not receive the Item or the Item did not substantially comply with the description provided by the Seller, and under the further conditions stipulated in clauses 10.1.4 and 10.2.3 of these Terms of Service, then the buyer should contact the Seller to request to return the items(s) and request a refund.

7.9 If for any reason the Seller does not agree to accept the returned Item and/or Issue a refund under these Terms of Service then the Buyer may be eligible to claim a refund through their Bank or Credit Card Provider and should contact their Bank Or credit card provider Immediately.

If the Bank or Credit Card Provider of the Buyer then issue a chargeback request against a S/eller, that chargeback will then be securely processed by Stripe.

8. VAT and Overseas Sellers

8.1. It is imperative that all Users comply with UK VAT regulations. For more information on this visit : UK VAT Requirements for Sellers on Online Marketplaces and seek further financial advice.

8.2. To enforce this the following Terms of Service, apply :

8.2.1. Overseas Business Account Sellers are not allowed to open an account with UK Marketplace. To open a Business account, you must be a classed as a UK Seller under HMRC VAT regulations. To summarise for a Business account to be classified as a UK Seller, the Seller must :

• Only sell Items on the Site that are already located in the UK at the point of sale.
• Operate from a registered UK business establishment or be a UK resident Sole Trader.
• Only dropship Items that are from a supplier who has the Items physically located within the UK or is manufacturing them within the UK. In which case you are required to provide proof of the source of the goods to UK Marketplace

8.2.2. At its own discretion, on a case-by-case basis and subject to specific criteria UK Marketplace may still choose to permit an Overseas Sellers to open a Business Account to and use the service. If you are an overseas seller who wishes to sell on UK Marketplace please contact us on Admin@ukmarketplace.com.

9. Business Account User (Seller) Commitments

9.1.  The Seller agrees to commit to the following Terms of Service :

• Supply only Items that can be delivered to the Customer within 4 working days after receiving an order.
• Bear sole responsibility, all risk and liability for sourcing, storing, selling, shipping, and delivering all items to Buyers as stipulated in these Terms of Service.
• Ensure that all account details and business/trading information, including, but not limited to personal information, email, phone number, company name, company number, trading name, registered office and where applicable trading address and VAT registration number, are always kept up to date within the User Account.
• Indemnify UK Marketplace against all liabilities, claims, actions, proceedings, costs, expenses, damages, and losses (including, but not limited to any direct, indirect, or consequential losses) suffered or incurred by UK Marketplace arising out of or in connection with any claims related to a breach of these Terms of Service.
• Take responsibility for the accuracy and detail of all Item information included in a Listed Item or Item inventory (including Item descriptions, images, measurements, condition, and any other supplementary information about all Items) as well as the price which the Items are sold, inventory/stock availability and the SKU (Stock Keeping Unit) of all Items.
• Promptly notify UK Marketplace of any inaccuracy in any Listed Item that you cannot correct and how the inaccuracy should be corrected and use all reasonable endeavours to resolve promptly any User complaints arising from any such inaccuracy.
• Indemnify UK Marketplace against all liabilities, claims, actions, proceedings, costs, expenses, damages, and losses (including, but not limited to any direct, indirect, or consequential losses) suffered or incurred by UK Marketplace arising out of or in connection with any claims related to inaccurate, incorrect listed Item information or otherwise misleading descriptions of Items that the Seller sold on the Site.
• Ensure that it does not misrepresent the origin of an Item through any description made of the Item.
• Ensure that all Shipping costs and additional Shipping costs displayed in a Listed Item are accurate.
• Ensure the Items are of satisfactory quality as shown and described by the seller on the site.
• Ensure the photographic quality of the Items is high, professionally taken where possible and also have a white background colour.
• Respond to all order enquires from UK Marketplace or Buyers within 24 hours.
• Ensure that all areas of your online business as facilitated by the Site and the Service are maintained and kept up to date daily such as but not limited to Order Fulfilment, Tracking Orders, Updating Dispatches and Orders and Promptly Responding to Customers’ messages and return requests.
• Ensure stock/inventory levels are always accurate, and unless you are intending to stop selling the item ensure that your stock levels do not reach Zero.`
• Remove any listed items when a Stock Level reaches Zero and/or for any reason you are not able to fulfil an order for that Item.
• Abide by all UK Trading Standard Regulations with particular reference to minimum age requirements, health, safety quality and legal requirements.
• Do not sell any Prohibited Items as detailed in the List of forbidden Items on the UK Marketplace.
• Do not List or upload offensive or racist or sexist or nude images or material or text, or anything that could be perceived as offensive in nature.
• Indemnify UK Marketplace against all liabilities, costs, claims, actions, proceedings, expenses, damages, and losses (including, but not limited to any direct, indirect, or consequential losses) suffered or incurred by UK Marketplace arising out of or in connection with any claims related to a breach of clauses 9.1.16 or 9.1.17 or 9.1.18.
• Do Not use the Site as an advertising portal, other than in listing the Items which you are selling and permitted to sell under these Terms of Service
• Do Not participate or attempt to participate in direct communication with a customer or Buyer or any other User Account User via any means other than the UKM Messenger Service. (i.e.: Email, Phone, WhatsApp, and Postal Mail are forbidden).
• Do not use the Site to communicate with any User Account to directly entice them to purchase Items directly from you in competition with the Site, and/or accept payment by any means other than the Stripe facility.
• Comply with all relevant legislation in particular but without limitation to consumer protection legislation and data protection legislation (including in the UK the provisions of the Data Protection Act 2018.
• Do Not export, directly or indirectly, any Items in breach of any applicable laws or regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval.
• Comply with the policies of UK Marketplace on matters including, but not limited to international trade as the same may be notified in writing to the Seller by UK Marketplace from time to time.
• Ensure the email address you provide in your Account details remains active and is checked by you regularly.

9.2  When using the Service, you agree that you will not :

• Give any false or misleading information in your Account details.
• Permit another person to use the Service under your name or on your behalf unless you are a business, and such person is authorised by you.
• Use the Service if we have suspended or forbidden you from using it.
• Send junk, spam, or repetitive messages.
• Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights and must comply with applicable legal requirements relating to the sale or purchase of Items (including but not limited to import and export rules and illegal Items, the listing of any age restrictions, distance selling and cooling off rights which may apply to an Item where the seller is a business).
• Modify, interfere, intercept, disrupt or hack the Service.
• Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s equipment.
• Collect any data from the Service other than by these Terms of Service.
• Submit or contribute any User Content (including comments and descriptions relating to Items) that contains unlawful content, nudity, or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as UK Marketplace may decide in its absolute discretion.
• Unfairly or unlawfully interfere or manipulate any rating system or user feedback system.
• Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark, or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that is irrelevant to such listing).
• Offer to sell or buy any of the items in the List of forbidden Items on UK Marketplace. UK Marketplace has a zero-tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related Items, or counterfeit items and UK Marketplace will report users found doing so to the police.
• Take any action which is deliberately designed to circumvent, reduce, or manipulate the Fees and Charges or commission due to UK Marketplace.
• Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
• Mine data, screen scrape or crawl any part of the Service.
• Disassemble, decompile, or reverse engineer any part of the Service.
• Adapt, copy, vary, edit, distribute, or commercialise any content in the Service without the prior written consent of UK Marketplace.
• Circumvent any technical measures implemented to protect or provide the Service.
• Use any third party’s Stripe account unless you have express permission from them to do so.

 

9.3. VAT & TAX

9.3.1 The Business Account Seller must be a UK resident individual, sole trader, company, partnership, legal entity, or Business.

9.3.2 The UK Resident seller as described in Clause 9.3.1 of these Terms of Service can only sell items that are current within the United Kingdom at the time the sale takes place.

9.3.3 Except where UK Marketplace is responsible for withholding and accounting for VAT, GST, sales taxes, or any other taxes on the Items sold by a Seller on the site, the Seller must be solely responsible for the collection and payment of all taxes due in connection with the Items sold, including VAT (if applicable) and accordingly UK Marketplace shall not be responsible for collecting VAT from Customers on the Seller’s behalf;

9.3.4 Should for any reason UK Marketplace be held responsible for withholding and accounting for VAT, GST, sales taxes, or any other taxes due in connection with the Items sold by a Seller via the Site, then the Seller should :

• Hold UK Marketplace harmless about such withholding; and
• Indemnify UK Marketplace against all liabilities, claims, actions, proceedings, costs, expenses, damages, and losses (including, but not limited to any direct, indirect, or consequential losses) suffered or incurred by UK Marketplace arising out of or in connection with such responsibility;

9.3.5 The Seller must ensure compliance with the tax rules applicable to the Seller in the jurisdiction(s) in which the Seller operates and for this purpose, the Seller shall not misrepresent their location or the location of their items on the Site, which should always be located in the United Kingdom at the point of sale.

9.3.6 A Seller must not sell Items which infringe the intellectual property or proprietary rights of any third party.

 

9.4 Promotion of the Seller's website

9.4.1  A Seller will not include a link to, or otherwise provide the address of, or promote, its (or any third party's) website on the site or promote any item that is not intended to be sold on the site.

9.4.2 The Seller may not include its email address, phone number or any other method of communication within a listed item or anywhere else on the site.

 

9.5 Intellectual Property, Trademarks and Copyrights of UK Marketplace

9.5.1 The Seller may not bid on UK Marketplace’s name, or variations of the UK Marketplace brand or domain name or brand name, on Google or any other search engines, or any paid search sites.

9.5.2 The Seller acknowledges and accepts that 'UK Marketplace' is a trademark of UK Marketplace FZE LLC and no rights or licences are granted to any Seller in this respect, or in respect to the Intellectual Property and Copyrights owned by UK Marketplace.

 

9.6 Security

9.6.1 The Seller shall be solely responsible for procuring, maintaining, and securing its network connections and telecommunications links at its own cost.

9.6.2 The Seller shall use its own virus protection software and shall not knowingly access, store, distribute or transmit any viruses or knowingly introduce or permit the introduction of any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful during its use of the Site.

9.6.3 The Seller must ensure its username and password logins are kept safe and not accessed by any other party. If these details are lost or the Seller becomes aware that they have been accessed by any other party the Seller must contact UK Marketplace immediately via the Site for new passwords and/or change their password on the site.

 

9.7 Pricing

9.7.1 Sellers shall ensure that Item Prices are inclusive of any applicable VAT and will be deemed to be so (if applicable to the Seller and such applicability is to be solely determined by the Seller and not the responsibility of UK Marketplace);

9.7.2 Each Item Price should not exceed £30,000 inclusive of tax and shipping unless the Item is an Automobile or Real Estate/Property.

9.7.3 The Item Price and the Shipping Price shall accurately reflect the exact purchase price and shipping cost for the Item. (i.e., The seller shall not over inflate the shipping price whilst proportionally reducing the Item Price to make the Item appear cheaper than other sellers/Competitors on the Site)

9.7.4 UK Marketplace reserves the right to remove any Listed Item with an Item Price, A Shipping Price or a Total Price that does not comply with clauses 9.7.1 or 9.7.2 or 9.7.3

9.7.5 Where a Seller has updated the price or details or images of an Item, the updated Item may take up to 2 hours to display on the Site.

9.7.6 If a Seller miscalculates and/or enters the Purchase Price and/or Shipping Price incorrectly for a Listed Item then the Seller has no right to pursue the Buyer for additional payment once the Buyer has placed the order.

9.7.7 If a Business Account Buyer is pursued additional payment about an item purchased on the site due to mispricing as per clauses 9.7.1 to 9.7.6 or for any reason a wrong payment amount is made by the buyer, then neither the buyer nor the seller shall not hold UK Marketplace liable for any additional payment or refund that occurs as a result of such mispricing or incorrect payment.

9.8 Packing and Shipping

9.8.1 UK Marketplace do not provide Shipping or Fulfilment services. The Seller must facilitate all Shipping and fulfilment of items sold.

9.8.2. By these Terms of Service and the UK Consumer Rights Act 2015 the seller is liable to replace an Item if it is damaged during Shipping. Therefore, the seller must ensure that the Item is wrapped in a professional manner suitable for the Item to prevent damage

9.8.3.1 The Seller must ensure that all customs and import and export duties are to be pre-paid for Items being delivered to addresses both inside and outside the UK. The Buyer is not responsible for such customs and import and export duties.

9.8.3.2  The Seller holds UK Marketplace harmless about such customs and import and export duties, and Indemnifies UK Marketplace against all liabilities, claims, actions, proceedings, costs, expenses, damages, and losses (including, but not limited to any direct, indirect, or consequential losses) suffered or incurred by UK Marketplace arising out of or in connection with such unpaid customs and import and export duties.

 

10. Returns and Refunds

10.1 Returns and Refunds under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

10.1.1  The UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, states that an Item is in an unused and undamaged condition, and is in such condition that a Seller will be able to resell it to another Buyer without complaint from the new buyer, then a Buyer may cancel, return, or obtain a refund about the Item ordered within 14 (fourteen) days of the delivery of the item.

10.1.2  All Sellers must comply with the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and all have the right to enforce their rights under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 10.1.3 The only exceptions to clauses 10.1.1 and 10.1.2 and where a Seller does not have to comply with the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is if :

• The item is a Preloved Item, is Used or is Second Hand.
• The buyer was made aware of the problem, fault, or reason for returning the item with the item in writing and/or via pictorial means via the UKM Messenger Service or the problem or fault or reason for wishing to return the Item was clearly described in the item description and/or images when the Seller Listed the Item on the Site.
• The Item purchased is a Non-Cancellable Item.

Items can only be classified as Non-Cancellable Items if they are :

• Personalised Items specifically made to a Customer's specification (e.g., a custom-made print), except where the Customer has chosen items from pre-determined upgrade options or reusable standard off-the-shelf components;
• An Item that has been sealed for health protection or hygiene purposes and the Buyer has unsealed the Item after receiving it.
• Perishable items, including, but not limited to food, drink, and fresh flowers;
• Sealed Audio or video recordings or computer software which a Customer has unsealed or opened after they receive it.
• Newspapers, periodicals, or magazines.
• Items which by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied.

10.1.4. To return an item under the rights outlined in these Terms of Service :

• The Buyer should contact the Seller direct via the UKM Messenger Service, and the Seller must reply within 24 hours to provide information as to their own Returns Policy and Procedures.
• The Buyer shall ship the Item Back to the seller in its original packaging and in the same condition that it was received.
• The seller shall then process the refund within 3 days of receiving the returned item, and in any case no later than 14 days after receiving the returned item.
• The seller shall process all refunds electronically via Stripe. Refunds shall not be made by Cheque, cash, or other similar means.
  • Of satisfactory quality.
  • Fit for the purpose required by the buyer
  • Materially and significantly identical to the Item description and images uploaded onto the Site.
  • Be delivered to the Buyer in the same condition in which it was purchased.

10.1.5  The seller shall then refund the Buyer by their refund policy and/or anything that has been agreed with the Buyer via the UKM Messenger Service.

10.1.6  If for any reason the Seller does not agree to accept the returned Item and/or Issue a refund under these Terms of Service by the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 then the Buyer may be eligible to claim a refund through their Bank or Credit Card Provider and should contact the Bank Or credit card provider Immediately.

If the Bank or Credit Card Provider of the Buyer then issue a chargeback request against a seller, that chargeback will then be securely processed by Stripe.

 

 

10.2 Returns and Refunds under the Consumer Rights Act 2015.

10.2.1 In accordance with the UK Consumer Rights Act 2015, all Sellers must ensure that all Items listed and/or sold on the Site are :

10.2.2 Providing that an item is not a Non-Cancellable Item as described in clauses 10.1.3.3.3.1 to 10.1.3.3.3.6, then should any Item not conform to clauses 10.2.1.1 to 10.2.1.4, then the seller is required to accept the return of an item and provide the Buyer with a refund by their refund policy and/or anything that has been agreed with the Buyer via the UKM Messenger Service.

10.2.3 To return an item under the UK Consumer Rights Act 2015 and these Terms of Service :

• The Buyer should contact the Seller direct via the UKM Messenger Service, and the seller must reply within 24 hours to provide information as to their own returns policy and procedure.
• The Buyer shall ship the Item Back to the seller in its original packaging and in the same condition that it was received.
• The seller shall then process the refund within 3 days and in any case no later than 14 days after receiving the returned item.
• The seller shall process all refunds electronically via Stripe. Refunds shall not be made by Cheque, cash, or other similar means.

10.2.4 If for any reason the Seller does not agree to accept the returned Item and/or Issue a refund under these Terms of Service in accordance with the UK Consumer Rights Act 2015 then the Buyer may be eligible to claim a refund through their Bank or Credit Card Provider and should contact the Bank Or credit card provider Immediately.

If the Bank or Credit Card Provider of the Buyer then issue a chargeback request against a seller, that chargeback will then be securely processed by Stripe.

 

11. The Rights and Obligations of UK Marketplace

11.1.  User Content and Intellectual Property

11.1.1. When listing an Item on the Site and using the Service you grant UK Marketplace a worldwide, non-exclusive, royalty-free, irrevocable, and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-license, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form to provide our Service or for any purpose in connection with the operation of our business. The copyright, design rights and all other intellectual property rights in a Listing will belong to UK Marketplace.

11.1.2. Clause 11.1.1, in these Terms of Service, does not include your name, logo and all other intellectual property rights that relate to you (including those in any materials and other documents or items that we prepare or produce in connection with the Site) which will belong to you.

11.1.3. Our right to use your User Content and Information does not in any way affect your privacy rights and we will only use your User Content and Information that identifies you as set out in our Privacy Policy.

11.1.4 UK Marketplace represents, undertakes, and warrants that it is the legal beneficial owner of all intellectual property on the Site or has an irrevocable licence to use such intellectual property for the purposes for which it is used.

11.1.5 UK Marketplace may forbid User access to the Site and Service by removing the Content they uploaded to the Site and/or closing the account of the User  and/or preventing the User from re-registering on the Site if a user :

• Provides incorrect, misleading and/or incomplete information according to the Terms of Service at the time of their registration on the Site or during their use of the Site and Service.
• Deliberately and intentionally discloses incorrect information on the Site, insults other people or acts inappropriately.
• Use the identity of another User on the Site or otherwise acts unlawfully.
• Logs in-in from the same IP address or from the same computer as the one that was blocked owing to violations.

11.1.6  Should UK Marketplace remove User Content or close a User Account, UK Marketplace shall :

• Notify the User of the content removal or account closure via email.
• Continue to store some or all of the information on the User in compliance with the UK Marketplace Privacy Policy, because it may be necessary for reconstructing the circumstances surrounding the decision of UK Marketplace to cancel the User Account and to transfer any user information to institutions and authorities responsible for applying the law. 

11.1.7 UK Marketplace may investigate any violation of the Terms of Service and inform the competent institutions and authorities. 

11.1.8 UK Marketplace may, at any time, edit and re-organise the Images and text used provided by a Seller, contained in an Item.

11.1.9  UK Marketplace may at any time publish News and Advertisements containing descriptions, instructions, rules, or other information associated with the subject matter of the News.

11.1.10 UK Marketplace may, at any time, publish News and Advertisements or other communications regarding short and long-term offers on the Site, competitions, games, or promotions that comply with national law to promote new Services or third-party goods or services. Special conditions may apply. Information regarding offers, competitions, games, or promotions that comply with national law will be provided on the Site. In case of inconsistency between these Terms of Service and special conditions published on the Site applicable to News, the latter will prevail.

11.1.11  When delivering News and Advertisements UK Marketplace will only use information that identifies you as set out in our  Privacy Policy. We may use cookies to provide such News and Advertising as described in our Cookie Policy.

11.1.12 UK Marketplace may at any time end or suspend or assign the operation of the Site to third parties, subject to notifying Users of the Site.

11.1.13 UK Marketplace may apply a “Suspension” status to any User Account that has been inactive for a reasonably long period (e.g., 180 days or more). This will hide the account and all listed items from other users. Before changing a User Account status to Suspended, UK Marketplace will notify the User Account owner via email to allow the User the opportunity to keep their account active.

11.2 Liability

11.2.1. Whether a Buyer or Seller you alone decide whether to proceed with a sale or purchase of an Item. UK Marketplace makes no commitments regarding the Items including the quality or delivery of the Item, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description, and availability of, or any information relating to any Items promoted or available on the Site and/or through the Service, or the ability of the buyer to complete any purchase of the Item.

11.2.2. Although we intend that the Service is available as much as possible, there may be occasions when the Service is interrupted during times of scheduled maintenance, upgrades, and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any Content contained therein (including User Content) are provided on an “as available” and “as is” basis. This means that we cannot promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent, we can do so. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

11.2.3. UK Marketplace is not responsible or liable for any loss or harm caused by viruses, worms, hacks, or other programmes designed to impair the Service. Nor is UK Marketplace responsible for any 3^rd party web links that a User may add to a Listed Item on the Site. Your access to any 3^rd party links, websites, Items and services shall be solely at your own risk and subject to your acceptance and compliance with the separate Terms of Service of a such third party.

11.2.4. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the UK Marketplace Transaction Fee payable by the Seller in connection with that Sale Transaction.

11.2.5.  You accept and warrant that UK Marketplace is not liable for any other claims arising out of the provision of the Service (including without limitation any dispute between users over the receipt or quality or safety of an Item purchased on the Site). Your acceptance also extends to and exonerates UK Marketplace of any responsibility for any loss or damage that is not reasonably foreseeable, and that UK Marketplace will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation, that you incur as a result of using the Site and the Service.

11.2.6  If UK Marketplace is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e., cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arise as a result. When we decide to conduct the defence of such a claim, you agree to assist us as reasonably requested.

11.3 Account Termination

11.3.1. You must immediately stop using the Service if at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service.

11.3.2. You can choose to terminate our relationship and close your account at any time by emailing a request to do so to help@ukmarketplace.com. When requesting account closure, we may ask you to provide proof of identity to ensure that you are the account owner.

11.3.3  If for any reason you cannot comply with these Terms of Service. UK Marketplace may immediately end your use of the Service and terminate your User Account without notice, at any time and without any liability to you

11.3.4  If you or we end your use of the Service and close your User Account we may delete or modify your User Content, Account, or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not have to offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by yourself or others.

11.4 Your Personal Data and Your Privacy

11.4.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use, and share information about you. You should also read our Cookie Policy to understand how we use cookies within the Service.

11.4.2. We do not share your personal or contact information with anyone outside UK Marketplace nor do we store or have access to your Bank Account, Credit card or other payment details.

11.4.3  All our policies regarding User Data are GDPR Compliant

12. User Interaction, the UKM Messenger Service,    and Leaving Reviews

12.1 The UKM Messenger Service.

12.1.1 One of the many features provided in the UK Marketplace Site is a Private Messenger facility called the UKM Messenger Service, which enables all Users to directly message and communicate with each other. The exchange of Private Messages between Users is only for discussing and exchanging information about the buying and selling of Items on the site. The UKM Messenger is not allowed to be used for the following :

• Sending messages or information that contains advertising, unless the Items and business being advertised relate to selling your items listed on the Site.
• Spam or content spreading computer viruses or worms.
• Mass mailing messages of any other kind whatsoever. (when a message is sent to more than three users at the same time or copied and pasted to multiple users who have not requested the message).
• Messages containing texts contrary to good moral standards and public order, inappropriate, insulting, defamatory, racist, sexist messages or any messages that can be regarded as incompatible with these Terms of Service and the interests of Users and the site.
• Messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site.
• Messages that may qualify as harassment of any kind whatsoever.
• Messages aimed at concluding a sale transaction of an item listed on the Site, outside of the site. That is communication to accept Payment outside the integrated Stripe Connect payment facility and/or deliver an Item in person is forbidden.
• In addition to messages, the Seller may not send promotional emails or catalogues or other promotional material to Customers introduced to the Seller by UK Marketplace, other than those which are branded solely as from UK Marketplace.
• Unless exchanging address and contact information for the return of an item, Messages that exchange email addresses, phone numbers and other methods of communication that are not the though UK Marketplace Secure Messenger service are forbidden

12.1.2  UK Marketplaces uses algorithms, and automated software to enable it to detect contents of Private Messages that are interpreted as a breach of these Terms of Service, and in most cases, such messages will be automatically blocked.

12.1.3  Any user found to be in breach of Clause 12.1.1.1 to 12.1.1.9 will be considered to violate these Terms of Service and will be notified of the breach via email, and on a case-by-case basis, UK Marketplace will determine whether take further action and/or close the User Account.

12.2 Leaving Reviews and Feedback

12.2.1 A User has the right to leave a review and write feedback on another User only if a Sale transaction of an Item was carried out between them via the Site.

12.2.2  The information that a User leaves in his/her review and feedback should be solely about the Item purchased, the shipping timeframe, level of communication with the Seller, and general all-round level of service provided by the Seller to the Buyer about the Item Purchased

12.2.3 No compensation shall be offered or given by a Seller to a Buyer in exchange for leaving positive reviews.

12.2.4 When leaving a review, a user must :

• Not leave fake reviews aimed at giving a false description or impression of the Item, the Seller, or the level of customer service that the Seller provides.
• Always be fair and honest. Lies and insults are forbidden.
• Not leave reviews that contain advertising or are aimed at redirecting the attention of the reader to another Seller of the same or similar Item on the Site or outside the Site.
• Not leave reviews that contain text contrary to good moral standards and public order, inappropriate, insulting, defamatory, racist, sexist reviews or any review that can be regarded as incompatible with these Terms of Service and the interests of Users and the site.
• Reviews containing the text of an unlawful nature or otherwise attempt to cause harm to other Users and/or other businesses and/or the Site.
• Reviews that may be interpreted as harassment of any kind whatsoever.

 

12.2.5  UK Marketplace does not read or analyse reviews before publication by Users.

12.2.6  If the review received is inappropriate or abusive or not in compliance with these Terms of Service, Users are entitled to report it to UK Marketplace by emailing Help@ukmarketplace.com and we will evaluate each review on a case-by-case basis. We may also contact the buyer to discuss their reasons for the review, and if we consider the bad review to be fair, honest, truthful and in compliance with these Terms of Service then no action will be taken. On the contrary, if we find the review to be abusive and inappropriate and/or not in compliance with these Terms of Service then UK Marketplace shall remove the review and consider taking appropriate action against the User who left it. The decision of UK Marketplace on matters about this Clause 12.2.6 shall be deemed to be final by a seller.

13. Law and Legal Jurisdiction

13.1. These Terms of Service shall be interpreted and governed by the Laws of England and Wales. English law will apply to all disputes and the English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.

13.2. We may assign any of our rights and obligations under these Terms of Service.

13.3. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between a User or User account and UK Marketplace.

13.4. UK Marketplace will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event.

13.5. Unless explicitly permitted by UK Marketplace, no third party is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

14. Changes to the Service

14.1. UK Marketplace is constantly trying to improve the Service to try and find ways to provide its Users with new and innovative improvements and features that reflect changing technologies, tastes, behaviours, and the way people use the Site and the Service.

To facilitate this, it may be required that UK Marketplace update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service, and in doing so this will constitute a Change to the Service.

Such changes to the Service may affect your past, present, and future activities on the Site and how you use the Service and also any features that you use as well as your User Content. Such changes to the Service could involve features and User Content being reset, edited, or deleted.

14.2. As part of your acceptance of these Terms of Service you agree that any changes to the Service will take place over time and that this may affect the way that you use the service. Once UK Marketplace has made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service.

 

15. Changes to these Terms of Service

15.1. We may revise these Terms of Service at any time and any changes will take effect at the time the revised Terms of Service are updated on the Site and your continued use of the Service shall constitute acceptance of such revised Terms of Service.

15.2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

15.3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via email.

15.4. Normally, we will try to give you some warning before the new Terms of Service become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

 

16. Contact, feedback, and complaints

16.1. If you need to contact us about these Terms of Service or any other document mentioned in them, please contact us by emailing us at help@ukmarketplace.com. We place our Users first and are committed to ensuring that the Site and Service of the UK Marketplace benefit the business of our Users before anything else.

We are therefore always interested in learning about ways we can improve the Service, so please send us your feedback and suggestions on how we may improve the Service and best benefit its users.

 

If you have any questions or suggestions please email us at help@ukmarketplace.com