- OriginsCo Ltd provides an online marketplace on its Website for the sale of goods substantially produced in the United Kingdom.
- These Terms govern the use of the Originsco Website and the Services that We provide to You. By using the Originsco Website and Services, You agree to be legally bound by these Terms.
- For the purposes of these Terms
- “Originsco Website” refers to www.originsco.co.uk and,
- “Services” means the marketplace and use of the marketplace on the Website, and the features, other products and services provided to You when you visit the Website.
- “Business Day” means 9a.m – 5.00p.m on any day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.
- Subject to Your compliance with these Terms and our Policies, We grant to You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Website and Services.
- All rights not expressly granted to You in these Terms are reserved and retained by Us or third party suppliers, publishers, rights holders, or other content providers.
- Content that You post using the Website and Services shall remain the ownership of You as the vendor “Content”. Content includes text, products, product design, shop names, profile pictures, listing photos, product descriptions, product titles, rich media, videos, usernames, trademarks that You own, etc.
- By using the Website and Services You represent and warrant that You have all necessary rights to Your Content and that You are not infringing or violating any third party’s rights by posting it.
- By posting Your Content on the Website, You grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, share case studies of and prepare derivative works of Your Content for the purposes of marketing and to provide the Services.
- You agree to allow Us to promote Originsco, Your products, or the Services in general, in any formats and through any channels, including across any of Our Services, Our partners, or third-party website or advertising medium.
- You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise Our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- We reserve the right to revoke this licence where we believe that You have, are or are likely to infringe any of our policies or any of the House Rules.
- You agree to follow the House Rules:
- Your Content will not infringe the rights or intellectual property of any third party
- You will not post to the Website or use the Services to post any inappropriate, false or misleading Content
- You will not post to the Website or use the Services to post any Content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive
- You will not use the Website or the Services in a fraudulent or deceptive manner
- You will not violate any laws in connection with your use of the Website or Services. This includes any local, state, federal, and international laws that may apply to you.
- You will pay all fees owed to Us when due.
- You will not to crawl, scrape, or spider any page of the Website or the Services or reverse engineer or attempt to obtain the source code of the Website or Services.
- You will not interfere with or try to disrupt the Website or Services, for example by distributing a virus or other harmful computer code, or launch any kind of denial of service attack.
- Where a dispute arises between You and another user of the Website or Services, You will contact the other party to try to resolve the dispute amicably using the vendor chat function on the Website.
- You will use best endeavours to supply products that are fit for purpose and of reasonably acceptable quality.
- You agree to accept any and all orders for the purchase of goods and/or products offered for sale by You on the Website within one Business Day of receipt of the order.
- You will ensure that goods and/or products sold by You using the Website are dispatched for shipment to the address provided by the buyer of those goods and/or products within 3 Business Days of receipt of the order.
- You agree to include a returns slip with each shipment allowing the buyer of the goods and/or products to return them where the goods and/or products are faulty, damaged or not fit for purpose. Returns are charged to the buyer at Your discretion.
- To make use of our Services You will need to open an account and be registered with at least one of the Website integrated payment methods associated with it.
- You may not use a false e-mail address or impersonate any person or entity when creating or operating your account.
- You are responsible for managing your account and protecting your password details and you accept responsibility for all activities that are operated under your account.
- You should notify Us immediately if you believe that your account or password has been compromised or being or likely to be used as unauthorised by You.
- You are responsible for ensuring that Your details on Your account are correct, and also for informing Us of any changes to those details.
- We reserve the right to refuse to provide the Services and to terminate accounts if you are in breach of applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies. Upon such termination You will be liable to pay any outstanding fees due to Us.
FEES AND PAYMENTS
- Fees are 10% of the total listed value per successful transaction.
- Fees are inclusive of payment processing fees and Value Added Tax.
- We will send payment of Revenue owed to You for any successful transactions fulfilled by You on the Website to the account that You provide details for in Your OriginsCo account using the payment method that You have specified to us in Your OriginsCo account.
- Shipping is charged to buyers at £5.00 (five pounds) per total order regardless of the number of vendors fulfilling that order. The shipping charge is equally split across those vendors fulfilling that single order. Revenue owed to you shall include the division of shipping charges paid by buyers for successful transactions fulfilled by You.
- Revenue shall be owed to You for Your successful transactions after 15 days of fulfilment of each order.
- Revenue owed is calculated after the twenty-third day of each calendar month and prepared for payment processing. Revenue becoming owed after the twenty-third day of each calendar month shall be processed for payment in the next calendar month.
- Payment will be sent to You for all Revenue owed to You on the last working day of each calendar month.
CLOSING YOUR ACCOUNT
- You may terminate Your account with Us at any time via email to email@example.com. Terminating Your account will not affect the availability of some of Your Content that You posted through the Services prior to termination.
- We may terminate or suspend Your account (and any related accounts) and Your access to the Services at any time, for any reason, and without advance notice. In this event You will have no contractual or legal right to use Our Services upon termination of Your account. We may refuse to provide the Services to anyone, at any time, for any reason.
- You acknowledge that if You or We terminate Your account, you may lose any information associated with Your account, including Your Content.
- We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. In this event, We shall not be liable for any damage or loss of earnings or future earnings to You.
- These Terms and the House Rules will survive and remain in effect after Your access to the Service is terminated, or Your use of the Services ends.
WARRANTIES AND LIMITATION OF LIABILITY
- You understand and acknowledge that We do not manufacture, store, or inspect any of the items sold using Our Services. The Website is a marketplace through which You may directly sell items produced and/or listed by You as the vendor.
- The contract is formed at the completion of a sale for third party products and is solely between buyer and You.
- You are responsible for the sale of the products and for dealing with any claims or any other issue arising out of or in connection with the contract between the You and the buyer.
- We cannot and do not make any warranties about the quality, safety, or legality of the items sold using Our Services. Any legal claim related to an item purchased from You will be brought directly against You. You release Us from any claims related to items sold using Our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.
- You understand and acknowledge that We do not screen user interactions and we shall not be liable for any interactions between You and other users.
- Our Website may contain links to third party websites or other services that are not owned or controlled by Us. In the course of using Our Website or Services You may need to use third party products or services. You may be subject to additional terms with those third parties, and You use their products and services at Your own risk. We cannot and shall not be responsible and shall be released of any and all liability for any use of any third party product or services.
- We cannot promise that our Website and Services will be uninterrupted and error-free, and as such, the Website and Services may be occasionally limited or suspended for maintenance, updates and repairs. We will do our utmost to limit the frequency of downtime.
- You accept responsibility to the fullest extent for any delay or failure to comply with our obligations under our Terms if the delay or failure arises from any cause which is beyond our reasonable control.
- You understand and acknowledge that buyers have a legal right to have goods sent within a reasonable time or to receive a refund if goods ordered cannot be supplied within a reasonable time owing to a cause beyond Your reasonable control. Please review the Eligibility Promise.
- We make no representations regarding exchanges between Users on our Website. We shall not be responsible or liable for the accuracy, legality or decency of exchanges between users of the Website.
- You understand and acknowledge that We do not screen User interactions and we shall not be liable for any interactions between You and Users.
- Our Website may contain links to third party websites or other services that are not owned or controlled by Us. In the course of using Our Website or Services You/Users may need to use third party products or services. You/Users may be subject to additional terms with those third parties, and You/Users use their products and services own risk. We cannot and shall not be responsible and shall be released of any or all liability for any use of any third party product or services.
- YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT:
- THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR
- THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU/USERS USE THE SERVICES SOLELY AT YOUR OWN RISK.
- TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU/USERS FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL WE AGGREGATE LIABILITY FOR ANY DAMAGES EXCEEDING THE AMOUNT OF FEES MADE BY US FROM SUCCESSFUL TRANSACTIONS FULFILLED BY YOU IN THE PREVIOUS 6 MONTHS.
- In the event that a legal action is raised against Us due to an act, omission or misuse of Our Services or Website by You, You agree to defend, indemnify and hold Us harmless from any legal claims, demands, liabilities, damages, losses and expenses, including any legal fees and costs arising out of or in any way connected with:
- Your access to, use of, or alleged use of the Website and Services;
- Your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
- any disputes or issues between You and any third party. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You (and without limiting Your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with Our defence of such claim.
- Clauses 24 extends to the defence and indemnification of the officers, directors, employees, consultants, affiliates, subsidiaries and agents of OriginsCo.
- In the event that both We and You are found to be joint data controllers of buyers’ personal information, and if a claim, demand, liability, damages, losses or expenses arise due to the inappropriate use or otherwise of such date, you agree to indemnify Us for the expenses occurring in connection with Your processing of buyer personal information.
DISPUTES WITH US
- You agree that You will make good faith efforts to settle any dispute, claim or controversy arising out of or relating to these Terms by following Our dispute process before pursuing any other action.
- Where the conclusive result of the dispute process is unsuccessful, You agree to resolve all disputes with Us through binding arbitration.
- Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
- You release Us from any claims, demands, and damages arising out of disputes with other users of the Website or Services.
- These Terms, including all of the policies that make up the Terms, supersede any other agreement between You and Us regarding the Services and the Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of Our right to later enforce that or any other part of the Terms.
- These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between You and Us.
- We may assign any of Our rights and obligations under the Terms at any time without Your prior consent.
- We reserve the right to change these Terms from time to time at our sole discretion. Where changes to these Terms are material, We will contact You through the Services or Website and/or by sending You an email or message about the changes.
- Changes to these Terms will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing the changes. Your use of the Services and Website following the changes constitutes Your acceptance of the updated Terms.
- The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
- These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.