General
You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Altrincham Today. These terms shall be governed by and interpreted in accordance with the law of England and Wales.
Behaviour
You must not use Altrincham Today for any illegal or unauthorized purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
You must not threaten, intimidate, harass or otherwise abuse any other Altrincham Today user.
You are responsible for maintaining that the content you submit is your own and is not owned by others.
You are solely responsible for your behaviour and conduct on Altrincham Today including use of all content and data including images [graphics and photos], audio and video clips, links and text that you post to the Altrincham Today website.
You must not modify or adapt or ‘hack’ Altrincham Today or seek to create another website or communication to users that implies it is associated to Altrincham Today
You must not produce unwanted communications [spam] to other users of Altrincham Today
You are responsible for keeping your password secure.
You must not transmit or seek to transmit any viruses or any code that seeks to alter the behaviour of the Altrincham Today site or that is in any way destructive.
Liability
Under no circumstances will Hyperlocal Today Ltd be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Altrincham Today regardless of the form of action.
Goods for Sale – Handmade
If you seek to sell products then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller.
Content and Copyright
You [“the vendor”] in using Altrincham Today allow Altrincham Today the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Altrincham Today to use this content both on and offline.
You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
You must not copy, modify, or distribute Altrincham Today’s copyrighted works or trademarks, or other content from the Site, without our express consent.
Altrincham Today may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that Altrincham Today determines to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines.
By submitting your content you grant Altrincham Today a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Altrincham Today Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].
Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify Altrincham Today against all legal fees, damages and other expenses that may be incurred by Altrincham Today as a result of your breach of the above warranty.
Data and Privacy
You must not collect information about users, including email addresses, without their express consent.
You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the Altrincham Today service.
You must not solicit for new business on Altrincham Today or use it to send unsolicited communications except to ask or inform others about Artisan Online business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).
Changes to the Service
Altrincham Today retains the right to terminate or change the service for any reason at any time without notice.
Altrincham Today retains the right to modify the Terms of Use at any time. Altrincham Today will inform registered users by email of any changes to the Terms of Use.
Altrincham Today retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.
Marketing and Linking
You shall not link out from Altrincham Today to your own shop or other selling platform. Altrincham Today is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.
Fees
We charge 15% sales commission on the selling price of all items. Commission is not charged on postage. Once sales have been completed, vendors should invoice Hyperlocal Today Ltd for 85% of the total proceeds of the sale.
Sales Policy
General
The sales contract is between each individual “seller” and the “buyer”. Altrincham Today provides a service to facilitate that contract but is not responsible for it or its fulfilment.
Selling
All sellers agree to abide by the Consumer Contracts Regulations:
http://www.legislation.gov.uk/uksi/2013/3134/contents/made
This legislation protects the consumer when buying over the internet or by mail order and applies to all member states of the EU.
Altrincham Today aims to make it easy for sellers to comply with this legislation and consumer law, however, all compliance is the responsibility of the seller.
Sellers must post items purchased within three (3) working days of receiving payment unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be authenticated, in which case sellers must notify denise@themarketco.co.uk
All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g. email) with the buyer.
Returns Policy
In using Altrincham Today, sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner.
Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage.
Please note: Unless faulty, the following types of items are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements; items which deteriorate quickly (e.g. food), personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken.
Cancelling a transaction
The buyer must inform the seller if they wish to cancel the order and they must do this in writing (email is sufficient). Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.
If you break the above terms then your account will be suspended and possibly terminated. Altrincham Today seeks to promote legal activity and well-behaved conduct on its site however, you understand and agree in using the site that Altrincham Today is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use Altrincham Today at your own risk.
Legal Information: what sellers need to comply with
The Altrincham Today shop is a platform for people/businesses to sell to buyers. The legal contract for the purposes of any transaction between a buyer and a seller rests with the buyer and the seller and not Altrincham Today.
This article sets out the key things you need to know and do as a seller to comply with UK law.
Compliance with the Consumer Contracts (previously Distance Selling) Regulations
Some of the key requirements for sellers are set out in the Consumer Contracts Regulations (previously the Distance Selling Regulations). This legislation sets out the legal requirements for distance selling and selling online. As a Seller on Altrincham Today you are legally bound by these regulations which form part of the legal rights of the consumer.
As a seller on Altrincham Today you agree to comply with relevant UK law by:
Providing delivery details. The standard postage terms for Altrincham Today are 3 days. If your item is not able to be posted in 3 days then you must state when it will be posted – this should be in the item description. All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g. email) with the buyer.
Stating your business address (even if this is your home address). This information is provided in the email to the buyer so you should make sure you have added your address on your shop set up / edit screen (via your dashboard). The buyer has a legal right to this information and it is not optional. If you don’t provide it you are trading illegally.
Cancellation of the transactions. The buyer must inform you if they wish to cancel the order and they must do this in writing (email is sufficient). Please contact the buyer to organise the return of the goods. Upon receipt of the returned goods, or evidence from the buyer that they have sent the goods back (whichever is soonest), you must provide a full refund of the cost of the item and any postage costs within 14 days. You have a right to deduct monies from refunds where goods “show signs of unreasonable use leading to diminished value”. You cannot usually deduct for removal of packaging to inspect the item, but you can deduct for damage or wear and tear where the item has not just been checked but used. Custom orders are exempt from cancellation unless faulty.
Returns policy for goods that are not faulty. In using Altrincham Today you agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to fourteen days after receipt of the items and a refund must be made within 14 days of you receiving the returned goods, or proof of the buyer has sent the goods back (whichever is soonest). The buyer pays for the cost of return postage. Custom orders are exempt from cancellation unless faulty.
Returns policy for faulty goods. The consumer has a right to return goods if they develop a fault up to six months after receipt of the goods. Depending on the circumstances, the buyer may be entitled to a free repair, replacement or a full or partial refund.
If the item is lost in transit then, unless you can prove otherwise, you assume the contract is terminated and you must provide a refund or re-deliver the same item.
Further information:
The Consumer Contracts Regulations (Gov.uk)
Guide to Online and Distance Selling for Businesses (Gov.uk)
Consumer Contracts Regulations (Which?)
Citizens Advice Bureau on Consumer Rights Act 2015
Further help
The best source of advice is your local Trading Standards Service which can be contacted through the Trading Standards website.
Regulation around certain types of goods
All Altrincham Today sellers must comply with UK product legislation, including the following:
The General Product Safety Regulations
The Toy Safety Regulations
The EU Regulation 1223/2009 (Cosmetics Regulation)
The Furniture and Furnishings Fire Safety Regulations
The Hallmark Act 1973
The Nickel in Jewellery Regulations
The Food Imitation Safety Regulations
The Food Hygiene Regulations
In all cases you should make sure your work complies with the above legislation. If in doubt contact your local trading standards office.
The two most common queries we receive in relation to product legislation are:
Cosmetics
If you want to sell handmade soaps, scrubs or bath bombs you MUST ensure your products comply with the EU Regulation 1223/2009 (Cosmetics Regulation), even if you only intend to sell on a very small scale. This remains the current legislation covering the production and sale of soap in the UK. The aim of the legislation is to protect the public as well as the maker.
Cosmetics are defined as “any substance or preparation intended to be placed in contact with the various external parts of the human body with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours, protecting them, or keeping them in good condition” as stated in the The Cosmetics Products (Safety) Regulations 2008. This covers bath bombs, scrubs and soaps that are allowed for sale on Altrincham Today.
If you sell cosmetics you should contact your local trading standards office to find out how you can comply with the regulations (which covers use of different ingredients as well as labelling).
Toys
A toy is “any product or material designed or clearly intended for use in play by a child of less than 14 years of age” as stated in The Toys (Safety) Regulations 1995. You should contact your local trading standards office to clarify what you need to do to comply with the regulations (there are a couple of different routes you can take both of which require certification).
Toy Manufacturers and their responsibilities
Homemade Food
If you are planning to sell your homemade food, please contact your local Council for advice on the rules, as laws vary depending on where you live and how regularly you sell.
If you intend to make an income from your homemade food, it is likely that you will need to register your kitchen with the local authority (this is free to do) and take a simple course in food hygiene.
Food Standards Agency
Food Hygiene – A Guide for Businesses
You can find more information on your legal responsibilities as a seller and manufacturer here www.gov.uk/guidance/product-safety-for-manufacturers
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