Sellers terms & policies

Introduction

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

TERM AND TERMINATION

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

THE SERVICE PROVIDED BY US

Following the start of the Term, we will:

Provide you with a password to set up your Shopfront.

Please report any issues with your shopfront immediately, for reasons outside of our control, it is technically impossible to provide the Service entirely free of fault at all times.

We reserve the right to revise or alter the Service.

Home of the mall site is a platform that allows your small business to offer and sell your Products directly to Customers. In doing so, you authorise and appoint us as your commercial agent to directly negotiate and/or conclude the sale and/or purchase of Products between you and Customers via our Service and we accept this appointment in accordance with these Conditions.

Any contract to sell and buy Products is made only between you and the Customer concerned and we are not a party to any such contract;

We will facilitate the negotiation of the sale of Products between you and Customers through the use of the CMS and e-mail communication services operated and managed by us, together with our Service, which contribute to increasing your goodwill, promote your Products and generally encourage Customers to place orders with you;

The products offered for sale through the Site are not owned by us nor do they come into our possession at any time.

YOUR OBLIGATIONS – WHAT YOU PROMISE

YOUR ACCOUNT

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.

TECHNICAL/SECURITY RESPONSIBILITY

 

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.

YOUR SHOPFRONT

 

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.

SELLER AND PRODUCT INFORMATION

You confirm that all Information provided about you, the seller, and the Products are and remains true, accurate, current and complete.

Without undermining your obligation to comply with any Policies, you confirm that all information provided on product listings on your shopfront are in compliance with our policies and are not misleading, false or inaccurate. They must not breach any applicable law or regulations.

Your listing(s) must not be offensive, indecent, obscene, pornographic, menacing, abusive or defamatory ensuring that that your listings do not damage the reputation of Home of the Mall.

If your products are personalised or specifically made you must specify and display this clearly in your product listing.

Each product must have a clear display of your expected delivery times and postage and packing costs. Please ensure you display clearly if your product is a Non Cancellable product.

You are responsible for all relevant insurance for your business. You must keep these up to date and in date.

Under no circumstances are you permitted to directly link websites or email addresses on your product listings You are responsible for the photos and displaying of your products.

You must only list products that are available for purchase. If you have a product that has sold out you must cancel/delete the listing.

If a customer orders a product that you no longer have available we may still charge you the commission for that sale.

You must not use keyword spamming in the title or description of the product to gain more traffic.

You must not list a product with multiple variations multiple times. (Ie: Sizes, colour etc) These are listed as one product with multiple variations.

PRICING

When you list a product you must include the price inclusive of all Taxes and any additional charges.

Delivery charges must be displayed separately unless you are listing as Free postage.

You have complete discretion over how you wish to price your Products

Products will be featured in no more than two categories.

If you wish to promote the same Product(s) on the Site as another Seller, it will be solely yours and the relevant Sellers’ responsibility to resolve between yourselves any conflict. We will have no liability for any such scenario or any issues arising from it.

COMPLIANCE WITH INSTRUCTIONS AND LAWS

You agree to comply with UK and EU competitions laws along with trading standards requirements. You must comply with product safety laws on packaging, marking and certification of the products you deliver to customers.

You agree to comply at all times with our reasonable instructions and all applicable laws and regulations including:

You must agree to comply with our instructions and all applicable laws & regulations including modern slavery

In relation to your obligations under the UK and EU competition laws, you agree not to exchange (or attempt to exchange) any commercially sensitive information, including information on any current or future commercial strategies, costs and/or pricing, with any other Seller.

You agree to inform us as soon as possible upon becoming aware of any claim against us or you arising out of or in connection with any defect in your Products, or any failure by you to ensure that the Products are appropriately marked or certified in accordance with applicable laws or regulations.

You will compensate us in full for any and all liabilities, costs, expenses, fines, damages and losses (including any losses that are foreseeable, as explained below) we incur in connection with any claim. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was entered into, both parties knew it might happen, for example, if you discussed it with us during on-boarding. We will notify you in writing as soon as possible after becoming aware of the claim.

You agree to maintain, at your own expense and with reputable insurers appropriate insurance in relation to your business. You will agree to, upon written request from us, provide us with said certification/certificate.

You agree to comply with our reasonable instructions relating to any product recall required.

You will maintain appropriate, up to date and accurate records to enable the immediate recall of any Products.

We may immediately suspend or terminate your subscription and use of the Service in the event we reasonably believe or suspect that any Seller Information does not comply with the provisions of this clause.

PRODUCT SUBMISSION POLICY

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.

ORDER PROCESSING & CUSTOMER SERVICE

THE CONTRACT OF SALE

You acknowledge and agree that following acceptance of an order through the CMS, such an acceptance is also deemed to be an irreversible instruction to us to conclude a contract of sale between the Seller and the Customer, which once given you cannot go back on. The contract of sale between you and us is concluded when we (acting as your commercial agent) send an order confirmation email to the Customer, and we have no responsibility for the performance of any such contract.

You acknowledge and agree that the terms and conditions relating to any such contract will comprise the Customer Terms, the email confirmation relating to the Customer’s order and the applicable details on the relevant Product page. You agree to be bound by all such provisions.

PROCESSING CUSTOMER ORDERS

We will notify you by email of any order awaiting your acceptance. Please check your shop dashboard daily to ensure no communication is missed.

Please accept or decline the order within 24hours. You will use your best efforts to accept every order.

By accepting an order you agree to fulfil the Customer order as soon as reasonably possible.

Please inform the Customer the time and method of dispatch time

It is your responsibility to ensure you dispatch the Customer order to to reach the Customer within the timelines advertised on the relevant Product page and/or in accordance with any subsequent correspondence with the Customer;

Please inform the customer of each of the following stages:

Receipt of their order

Dispatch of an order with an expected delivery date

Receipt of an item that has been returned to you and the processing of the exchange or refund.

You agree to include with all orders the appropriate Home of the Mall co-branded dispatch letter/receipt, provided by us.

COMMUNICATION WITH CUSTOMERS

You agree to ensure to correspond with Customers solely for the purposes of processing and/or progressing a Customer order;

Communication will be via the CMS or, if that is not possible, then at all times include a reference to us;

You agree to not include any reference to your own website, email address, or any other promotion of services outside those offered through the site.

You will include any material included with the dispatch of a Customer’s order. We will make relevant materials available to you.

Breaches of these above will constitute a significant breach of these Conditions, further, may constitute a breach of Data Protection Legislation.

You agree to respond to any Customer enquiries or Customer complaints promptly (Within 24hours)

Home of the mall does not tolerate any abusive or impolite behaviour. In any circumstance that this may occur, we have the right to immediately terminate or suspend your shopfront with immediate effect. You agree to conduct yourself respectfully with: customers, other sellers and any staff at Home of the Mall.

RETURNS, CHANGES AND REFUNDS

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.

DELIVERY AND FULFILMENT

You agree to list your products with clear instructions of the delivery process. You agree at all times to comply with our delivery policy.

INTELLECTUAL PROPERTY RIGHTS

You recognise that the Home of the Mall name is owned by us and any use of logo, branding, packaging must have prior written consent prior to use.

INTELLECTUAL PROPERTY RIGHTS IN AND RELATING TO YOUR PRODUCTS

You agree that you are the legal owner of all of the Intellectual Property Rights in and relating to the Products you list on the site along with: photographs, logos.

You confirm that all items offered for sale by you are not replica or design copies of any other brand, designer or manufacturer.

You give us permission to use any content, including photos, that appear on your Shopfront or in our own editorial content or promotional activity relating to us, you, your business and Products.

In the event of an Intellectual Property Rights Infringement Claim you will immediately make without any charge to us such alterations, modifications or adjustments to the Intellectual Property Rights as will be necessary to make them non-infringing.

We will notify you as soon as possible if we become aware of any Intellectual Property Rights Infringement Claim by a third party.

DATA PROTECTION

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.

Please see our seller privacy policy  for more information.

MARKETING AND PROMOTIONS

From time to time we may run promotions on our site. Promotions will be separate to any promotions operated by you in your Shopfront, and may involve offering Customers either free delivery, discounted prices relating to some or all Products on the Site. We will, where relevant and applicable to you and/or your Products, inform you of such promotions.

You agree to comply and co-operate with activities we undertake to sell or market your Products, whether it is directly through the website or through any offline publications not owned or produced by us.

CHARGES

GENERAL

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.

CONFIDENTIALITY

We agree to keep any Confidential Information and will only share details with your written consent. Unless we are obliged to do so by any of the following: law, court order, government body, authority of competent jurisdiction.

EXCLUSION AND LIMITATION OF LIABILITY

Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation, or any other liability that cannot be excluded by law. Our total liability to you will be limited in aggregate to £1 maximum We confirm that we will not be liable for loss of profit or liability incurred by you to the customer, for any losses or costs, including expenses or other compensation or damages.
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