Terms and Conditions
BUYER TERMS & CONDITIONS
(1) Use of the website is free of charge, provided that you comply with our policies and terms.
(2) You understand and agree:
(a) that any sale is directly between you and the seller. We are only a venue to facilitate this and you are not purchasing products from us.
(b) (i) that when you place an order you are required to make payment directly to the seller (and to PUREnCHIC) using the seller’s Payment Facilities which is usually provided by a third party. We advise that you refer to that third party’s Terms and Conditions.
(ii) Payment must be made in full before any order is confirmed and before any products can be dispatched. Once you have placed an order you are responsible for payment and if you do not pay or there are any problems with your chosen method of payment, then you remain responsible for payment. If payment is not received when it is due then sellers reserve the right to charge 10% interest for each month (or part thereof), that payment, or any part of it, remains unpaid, until full cleared payment is received. You will also be liable for payment of all fees associated with recovery of sums due from you.
(c) that sellers reserve the right not to accept orders for any reason. Once you have received an order confirmation, then you are legally obliged to complete the sale. Sellers try to make products available at all times, but since many sellers rely on artisan production processes, there might be circumstances in which a certain product is unavailable. If this occurs, then usually within 7 days after the date of your order the seller will either offer a refund or suggest an alternative to you.
(d) to comply with our Shipping and Delivery and our Return Policies.
(3) As a buyer you confirm that:
(a) you have read and understood the information uploaded by the seller about their organisation and products.
(b) you agree to be solely responsible for ensuring that the products are suitable and your use of any products supplied.
(4) You specifically understand and agree that we are a venue and any sale is between a buyer and seller directly. Therefore we have no liability in respect of this and any sale and furthermore you agree that you will indemnify us for any losses or expenses incurred whatsoever, resulting in your breach of our Terms and Conditions.
(5) Some of the products that are available to buy on the website may be Custom Made. Sometimes when you buy from websites (and in some other circumstances), the law, such as the Consumer Protection (Distance Selling) Regulations 2000, allows you to change your mind and return products. However, the law says that most Custom Made products, (together with some other types of products like food, all perishables and newspapers) do not have these cancellation rights. This means, for example, that once you have ordered Custom Made products you cannot change your mind and return them unless the products themselves are faulty. If you are unsure or you need any help with this aspect please email the seller of the products that you want to buy before you place an order so that the seller can help you.
SELLER TERMS & CONDITIONS
You agree to these terms when you register to be a seller and each and every time you use the website.
(1) Seller Registration includes the ability to display and sell your organisation and products on the website. You agree:
(a) to comply with any guidelines we provide in relation to selling and with all relevant regulations and legislation.
(b) to comply with any Shipping and Delivery and our Return Policies.
(c) that any sale is directly between you and the buyer. We are only a venue.
(d) to set up Payment Facilities which allow you to take payments from buyers using a reputable and properly regulated payment service.
(e) to make a payment for our intermediation services (as a venue and facilitator) – please see clause 6 below.
(f) to provide full customer services to all buyers to deal with complaints, returns and any other issues which may occur with any sale of products.
(2) As a seller you confirm that:
(a) you have the right to sell any products which you upload and offer for sale and that you will not be breaching any third party rights whatsoever.
(b) you can legally offer and sell the products available.
(c) any products comply with any guidelines we provide in relation to product and sales.
(d) any uploads relating to any products for sale will accurately and completely describe the products for sale.
(e) any products which you sell and/or dispatch will be of merchantable quality, fit for use/consumption and any other purpose for which such products are offered for sale.
(f) you will ensure that the buyer has, as applicable, clear guidelines as to effective storage, use/consumption, inspection and maintenance.
(g) you will ensure that anything you do will not bring any liability onto us and you will not cause us to breach any law, statute or regulation.
(3) You understand that you are solely responsible in relation to all sales and transactions carried out on or as a result of the website. It is solely your responsibility to:
(a) fulfil and dispatch any orders.
(b) comply with all applicable law, regulations and statutes relating to the sale and shipping of any sales made/facilitated by the website or offered for sale on it including those relating to buyer rights and protection.
(c) deal with and make payment for all taxes, duties, levies and any other payments due in connection with any sale or your use of the website.
(4) (a) You agree to comply with our Shipping and Delivery Policy.
(b) You are responsible for shipping and must ship each order as soon as possible keeping the buyer informed. Where you are unable to deliver any product within 7 days from the date of order you should then contact the buyer to offer an alternative or refund (special made-to-order items not applicable).
(c) You are responsible for ensuring that you provide the details required for shipping, including all charges, as part of your listing for each product on the website.
(d) You are responsible for safe delivery of each order, for example, if a product gets lost or damaged in transit. We therefore always recommend that you consider shipping options which provide tracking and insurance.
(5) (a) You agree to respond to all emails and communications made by a buyer directly to you within 3 days.
(b) Where a buyer has a complaint or requests a refund then you agree to work with them to resolve this, taking into account any legislation and, within our terms and conditions, including the Return Policy.
(c) Where you do not or cannot resolve an issue to the buyer’s satisfaction within 7 days of their first contact with you and they contact us for assistance/resolution then you understand and agree that any final decision rests entirely with us, and is at our own discretion.
Charges to us – our intermediation services
(6) (a) When you register to use the Website you agree to make a payment for our intermediation services in the form of a listing fee per item and a percentage of the sale price (excluding shipping) for each item sold. After each new order, you receive the payment of the retail price (minus PUREnCHIC commission) and the relevant delivery rate applied to the product. PUREnCHIC receives the commission on the retail price.
(b)(i) With effect from 1st January 2017, there is a listing fee of £0.10 per item payable for the lifetime of an item listed. Listing fees are payable on the last day of the month in which the items were listed.
(ii) Commission fees of 10% are payable automatically on the price of the product at the time that the order is placed, but excludes the price that the Buyer pays you for shipping and delivery. If you choose for PUREnCHIC to manage your PUREnCHIC shop, then a higher commission is applicable. You agree not to abuse this clause by, for example, artificially reducing the price of a product whilst inflating shipping charges or trying to conduct sales outside of the Website venue to avoid paying commission fees. We remind you of clause 13(6) of our User Terms and Conditions which allow us to terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice.
(c) Commission and listing fees are payable in GBP Sterling as well as any relevant VAT and taxes, if applicable.
(d) Any sale to a buyer who initially makes contact with a seller through the PUREnCHIC website shall entitle PUREnCHIC to its commission under clause (6)(b)(ii), whether that sale is made through the site or separately thereafter by arrangement between seller and buyer in substitution for, or as an amendment of or supplement to, the initial sale made on the site between those parties. If PUREnCHIC is not satisfied, in its absolute discretion, as to the reason for cancellation of any sale made through its site, the seller will not be entitled to any refund of commission on that sale under clause (6)(b)(ii).
(e) You agree to use the same price as on your own website, store or other resources. In the case of any change in pricing or other terms, you agree to update your pricing and terms in your PUREnCHIC shop. If this is the result of your promotion or discount activities, you agree to inform PUREnCHIC of the new terms as soon as possible by email so that PUREnCHIC can update its own promotion activities, if applicable.
(7) You specifically agree that we are a venue and any sale is between a buyer and seller directly. Therefore we have no liability in respect of this and any sale and furthermore you agree that you will indemnify us for any losses or expenses incurred whatsoever, resulting in your breach of our Terms and Conditions.