Please read and understand these Conditions before agreeing to them.
Terms and conditions (we refer to them as the “Conditions”) set out the legally binding agreement (we refer to this as the “Agreement”) between you (“you”), when you sell goods or digital content via the Site, and Home of the Mall (“we”, “us”)
We may update the Agreement, or any relevant charges, from time to time. When we make any changes to our policy we will inform you by email. We will wait a further 15 days before making the proposed changes. Except if we are subject to a legal or regulatory obligation which requires these changes to be made with immediate effect.
We may need to change the agreement with immediate effect if we experience imminent danger of the site, the customers, the sellers, malware, spam, data breaches or service.
If you do not agree with the proposed changes in the agreement, you have the right to terminate your agreement with us during the 15 days – before the changes will come into effect. Should you wish to cancel, please do so in writing to us.
If within the 15 days you upload more products, this is affirmation that you are in acceptance of the new proposed agreement
Our agreement starts:
When we have received from you an Application Form completed to our satisfaction, and any relevant documents we request from you. We will notify you in writing should your application be successful. We have the right to accept or decline any application.
The agreement will continue until terminated as set out below:
Both parties agree to terminate. We both have the right to terminate the Agreement by simply giving the other party at least 14 days’ written notice.
We may restrict, suspend or terminate the Agreement if: You breach the Agreement or any of our policies.
If you don’t have enough money to pay your debts, or you enter into a legal process or an arrangement relating to being unable to pay your debts.
In our sole discretion, we determine that your eligibility or suitability to be listed on the Site is not satisfactory.
For more information see out Account Suspension Policy
You confirm that you and your business is solely based in the United Kingdom or the Republic of Ireland, and has no business associations with said business outside of the UK.
If your business is established as a limited or public limited company, you confirm that you are listed as a director on Companies House and all other information held on Companies House reflects the information you provide to us.
You are confirming that you are at least 18 years old; and you have a UK or Republic of Ireland trading address.
You agree to provide the following; telephone and email address of the main account holder
Business address, and any other information we require.
Please see our for more information on how we handle this information.
You agree to keep your account details up-to-date. HMRC legislation means that we have a responsibility to ensure your VAT compliance. If we believe you are not compliant, we retain the right to suspend your Shopfront until your account information has been updated.
It is your responsibility to ensure you have access to the internet (at your own cost) and a working computer free of viruses. It is not our responsibility to maintain the hardware/software that you need for your business to operate. It is your responsibility to keep your personal details, such as password, safe and secure. Please do not share passwords or your shopfront dashboard with any third parties.
We have absolute discretion over the look and feel of the site.
You must agree to comply with our Product Submission Process
If you have more than one business you may apply for multiple Shopfronts, However each Shopfront must go through our Application process.
Should you sell your businesses you will need to inform us. We will need all details of new ownership.
If you wish to close your shop front we require 14 days written notice.
Prior to your shopfront closing you agree to ensure the any outstanding balances or refunds are paid in full within 7 days, even if your shop has a negative balance
We are entitled to hold any future payments to offset any outstanding balances that you may have.
You agree to maintain your shopfront to a high standard and keep all relevant information up to date. Failure to do this, gives us the right to suspend/terminate your account.
Once a listing is created we will approve each product before the listing goes live on the site.
Should the listing breach our restricted product policy, we have the right to reject your listing. Once a listing is created we will approve each product before the listing goes live on the site.
If you choose to mark a Product as “Exclusive” through the Site, that Product will only be for purchase on an Exclusive basis, through Home of the Mall, until you remove “Exclusivity” This needs to be removed should you decide to list your product on any other UK Selling platform.Once a listing is created we will approve each product before the listing goes live on the site.
The customer will contact you, the small business, directly for a return, exchange or refund. You are reliable to refund the customer directly. You agree to comply with our returns policy.
You agree to list your products with clear instructions of the delivery process. You agree at all times to comply with our delivery policy.
We will both comply with all applicable requirements of the Data Protection Legislation.
We both acknowledge that for the purposes of the Data Protection Legislation, we are the data controller and you are the data processor. You will process such Personal Data relating to a Customer as may be shared with you, when such Customer purchases a Product from you through the Site. You will carry out processing of Personal Data of such Customer solely for the order of the Product purchased by the Customer.
You agree to only process Personal Data in connection with the customers order(s) or written agreement. It is your responsibility to ensure you have a safe, secure place to prevent and protect any unlawful processing or additional loss or damage/destruction of personal data.
You and any other personnel who has access to personal date, must keep date confidential and not pass on or share any personal data.( including not sharing with the EU)
You must agree to assist us, with any request from a Data Subject and in ensuring compliance with our obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
We consent to you appointing such third-party processors of Personal Data if required by you to fulfil your obligations. You confirm that you have entered or will enter into a written agreement with the third-party processor. You agree to provide to us a list of all third party processors.
You agree to compensate us in full for any and all liabilities, costs, expenses, fines, damages and losses we incur in connection with any claim arising due to a personal data protection claim against you.
Unless specified otherwise, all Charges are subject to VAT or other similar taxes or levies, all of which amounts you will pay, where appropriate, at the rate prevailing at the relevant tax point, and in addition to the Charges themselves. Charges may be updated from the to time by us.
If any outstanding monies are due to us from you and we are not paid by the date indicated we have the right to suspend or cancel your shopfront until arrangements are made and the debt is satisfied. We may also offset any charges/outstanding debts against any additional shopfront you may have with Home of the Mall.
We will charge you the cost of any judgment or payment, including legal fees, should we need to pursue a debt recovery procedure.
SINGLE COMMISSION & PAYPAL FEEs
The Single Commission Fee of 10% is payable by you to us. The amount payable to based on the total amount the customer pays for the product(s) of each sold product We will calculate the percentage of the value of the Product(s), including the delivery charges.
Should a product be returned we will refund the single commissions on proof of the returned product. Please note, payment fees do apply for refunds and are charged at 2.9% per product sold.
Paypal/Stripe charge 2.9% of each sale. We will deduct this from the sale of the product at the same time that we deduct the 10% commission. We might change this from time to time according to PayPal and their charges. We will only ever deduct PayPal’s current rate, we will not add any extra fees or admin cost to this charge.
HOW PAYMENT IS MADE TO YOU
All payments are made from the customer directly to you, the small business.
As your selling agent you accept that we will issue refunds for the sale of product(s) (Through, Home of the Mall) , due to customers.
Home of the Mall is solely the Seller’s agent. We have no involvement in the sale contract of the purchased product(s) from seller to customer.
Payments for Product(s) will be made directly by a Customer to us via our payment processing system on the site.
We will pay you for the relevant transaction(s) minus the single commission and PayPal fees.
Should there be a sale subject to currency conversion we will also deduct this fee.
If you have any refunds due on your account at the time you wish to withdraw your funds, we have the right to retain the amount due, to ensure your refund(s) are paid in full back to the customer. Please note this also applies if your account is for whatever reason in negative equity.
You agree to keep your payment details up to date. You agree that all fees relating to your banking system are your responsibility.