Terms For Sellers
These Terms for Sellers, together with any and all other documents referred to herein, set out the terms under which Users (“Sellers”) sell on Our Marketplace. Please read these Terms for Sellers carefully and ensure that you understand them before selling on Our Marketplace. You will be required to read and accept these Terms for Sellers when you access and use our seller services. If you do not agree to comply with and be bound by these Terms for Sellers, you will not be able to sell on Our Marketplace. These Terms for Sellers, as well as any and all contracts are in the English language only.
11. Payment Service
22. Data Protection
1. Definitions and Interpretation
|“Account”||means an account required to access and/or use certain areas of Our Marketplace;|
|“Buyer”||means a User who makes a purchase on Our Marketplace;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|“Listing”||means a listing on Our Marketplace advertising an item/service or items/services for sale;|
|“Marketplace”||means Our platform for Buyers and Sellers on Our Site;|
|“Our Site”||means this website, www.wellbeingumbrella.co.uk;|
|“Seller”||means a User who sells on Our Marketplace;|
|“Payment Service”||means the payment service provided by Stripe.com;|
|“Payment Service Account”||means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;|
|“Payout Fee”||means the fee charged by Us to cover Stripe Payment, Pay-out Routing and Management fees.|
|“Seller”||means a User who sells on Our Marketplace;|
|“Subscription Plan”||means a fee payable monthly or annually for creating and/or renewing a Seller Account package (including Business Basic, Business Enhanced and Business Growth);|
|“Third Party Payment Service Provider”||means Stripe Payment UK , a limited company registered in England under company number 08480771 whose registered address is 9th floor, 107 Cheapside, London. EC2V 6DN, whose main trading address is 7th floor, The Bower Warehouse, 211 Old Street. London, EC1V 9NR, and whose website is www.stripe.com;|
|“Third Party Calendar Service Provider“||means Google UK Limited, a limited company whose registered in England under the company number 03977902 whose registered address is Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQU.S, whose website is www.google.co.uk;|
|“User”||means a user of Our Site;|
|“User Content”||means any Content added to Our Site by a User;|
|“We/Us/Our”||means Wellbeing Umbrella Ltd, a private limited company registered in England under company 11344575, whose registered address is Suite 1, 33 Harehill Road, Littleborough, Lancashire OL15 9AD and whose main trading address is 49 Wigan Road, Hindley. Wigan. WN2 3BG.|
2. Information About Us
Our Site is owned and operated by Wellbeing Umbrella Ltd, a limited company registered in England under company number 11344575, whose registered address is Suite 1, 33 Harehill Road, Littleborough, Lancashire OL15 9AD and whose main trading address is 49 Wigan Road, Hindley. Wigan. WN2 3BG.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge and Sells to Buyers in the U.K. only.
3.2 Subject to the documentation outlined in sub-Clause 4.1, you may only sell on Our Marketplace if you are 18 years of age or over.
3.3 Subject to the documentation outlined in sub-Clause 4.1, you may only sell on Our Marketplace if your business is located within and ships from the United Kingdom.
3.4 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.5 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Insurance & Documentation Requirement
4.1 In order to be a Seller on Our Marketplace, you must provide documentational evidence of and keep in force at all times valid business contact details and relevant business insurance (e.g. professional indemnity, public liability insurance and/or product liability). You are responsible for uploading valid evidence of your business insurance renewal to Our Marketplace, you can do this by going to “Store Manager”, in the ‘Edit Your Profile’ section click on the “Verification” tab and follow guidance.
4.2 To gain Verified Professional status on Our Marketplace (including the professional status profile badge) you must provide evidence of up-to-date membership of applicable professional bodies. By providing this information, you are agreeing that your professional body status can be made available to the public via Our Marketplace and that it is up to date, accurate and correct. We may request from time to time that you provide us with updated documentation in order to retain your Verified Professional badge status.
4.3 We reserve the right to remove your Account and Listings from Our Marketplace and/or restrict key functionality, until insurance and/or professional body membership documentation has been received and verified.
5. Our Marketplace
Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:
5.1 Buyers are not making purchases from Us and are not entering into a contract with Us. A Buyer’s purchase is from you, and their contract is with you;
5.2 We will not be a party to any dispute between you and any Buyer or another Seller. Any claims must be made directly against the party concerned;
5.3 Sellers are only required to verify their insurance cover and where applicable professional membership credentials upon registration, renewal, or expiry. We do not pre-screen any items that you advertise in Listings on Our Marketplace. We are not, therefore, in any way endorsing the qualification or professionalism of Sellers or responsible for any items sold or for the content of any Listings;
5.5 By using the Third-Party Calendar, you acknowledge and agree to Us sharing your personal information about your bookings on Our Marketplace with the Third Party Calendar;
5.6 The Third Party Calendar Service Provider reserves the right to refuse the use of the service to anyone, for any reason, and at any time;
5.7 If We receive notice from the Third Party Calendar Service Provider that your use of Our Marketplace or the calendar is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Calendar to accept bookings on Our Marketplace, and/or the suspension or termination of your Account on Our Site; and
5.7 While you are required to comply with these Terms for Sellers, which include provisions covering important matters such as payment methods, processing times, and delivery methods, We recognise that all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).
6. What Can and Cannot be Sold on Our Marketplace
6.1 Wellbeing Umbrella is a wellness marketplace, all listings of products and services must comply with applicable law and regulations. The following are permitted on Our Marketplace and are for guidance only, we reserve the right to remove any listing We consider to be inappropriate for sale for any reason:
6.1.1 Services both in-person and virtual (including appointments, events and classes) that promote either physical, mental and/or social wellbeing (subject to sub-Clause 6.2);
6.1.2 Products (including physical, downloadable or virtual) that are unused and promote either physical, mental and/or social wellbeing (subject to sub-Clause 6.2) including;
22.214.171.124 Health Supplements that comply with all UK legal requirements (including labelling) and;
126.96.36.199 Food and non-alcoholic beverage that is correctly packaged, labelled (in English) and complies with all applicable regulations. All listings must comply with the EU regulation on the provision of food information to consumers. All ingredients must be lawful and within permitted quantity or concentration limits.
6.2 It is the responsibility of the Seller to make sure that you and your listings comply with all applicable laws and Our Marketplace policies. The following are not permitted on Our Marketplace either for legal, harmful reasons, or due to them not fostering the values of Wellbeing Umbrella:
6.2.1 Adult entertainment-oriented products or services (in any medium, including Internet, telephone or printed material);
6.2.2 Aerosols for any purpose other than for toiletry or medicinal purposes (including spray paints, air fresheners);
6.2.3 Alcoholic beverages;
6.2.4 All types of illegal services and products;
6.2.5 All types of offensive material;
6.2.6 All unlicensed medicines;
6.2.7 Ammunition (excluding lead pellets and other airgun and airsoft projectiles);
6.2.8 Any good, service, or content that violates the law or legal rights of others;
6.2.9 Batteries that are classified as dangerous goods and used batteries (including wet spillable lead acid/lead alkaline batteries (such as car batteries), used alkaline metal, nickel metal hydride (NiMH), nickel cadmium (NiCd), zinc-air batteries, solo lithium batteries, power banks and damaged batteries of any type);
6.2.10 Batteries, specifically new and used lithium batteries when not sent with or connected to an electronic device (including power banks);
6.2.11 Betting, including lottery tickets;
6.2.12 Blood, body fluids or body parts;
6.2.13 Clinical and medical waste (e.g. contaminated dressings, bandages and needles);
6.2.14 Controlled drugs and narcotics (such as cannabis, cocaine, heroin, LSD, opium and amyl nitrate);
6.2.15 Corrosives (including dyes, acids, corrosive paint and rust removers, caustic soda, mercury and gallium metal);
6.2.16 Counterfeit or unauthorised goods – Unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported;
6.2.17 Endangered/ Threatened Species Products or Services;
6.2.18 Environmental waste (including used batteries and used engine oil);
6.2.19 Escort services;
6.2.20 Explosives and destructive devices (including fireworks, flares, blasting caps, party poppers);
6.2.21 Flammable liquids (including petroleum, lighter fluid, certain adhesives, solvent based paints, wood varnish, enamels, acetone and all nail varnish removers);
6.2.22 Flammable solids (including magnesium, phosphorous, potassium, sodium, zinc powder and fire lighters);
6.2.23 Gases, including flammable, non-flammable, toxic and compressed gases (including new, used and empty gas cylinders, ethane, butane, refills for lighters, fire extinguishers and scuba tanks, life jackets, nitrogen dioxide and carbon dioxide canisters including culinary foaming devices & soda stream);
6.2.24 Hazardous materials;
6.2.25 Herbal or homeopathic products without the required MHRA licences;
6.2.26 Hoverboards (including any type of rechargeable battery-powered: self – balancing scooter, mono-wheel, stand-up unicycle or electric skateboard);
6.2.27 Illegal drugs and drug paraphernalia, vitamins or protein supplements;
6.2.28 Images or photos that contain nudity;
6.2.29 Infectious substances and pathogens (UN2814 or UN2900) as classified in the latest edition of the Technical Instructions for Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization (ICAO);
6.2.30 Intellectual property or proprietary rights infringement on products or services;
6.2.31 Items that do not have a fair or reasonable price;
6.2.32 Lighters and refills containing flammable liquid or gas (including used butane, petrol cigar and cigarette lighters);
6.2.33 Listings acting wholly or mainly as advertisements, including links to third party websites and promotional messages;
6.2.34 Listings claiming that a product or service is intended to be used for the diagnosis, cure, mitigation, treatment or prevention of disease in humans;
6.2.35 Listings or ‘lucky dip’ type products containing items that are not clearly described on the listing page;
6.2.36 Listings that are published as “free”, with no intention of giving them away for free;
6.2.37 Listings that encourage or facilitate illegal activities;
6.2.38 Magnetised material (with a field strength of 0.418A/metre or more at a distance of 4.6 metres from the outside of the package);
6.2.39 Matches (including safety matches);
6.2.40 Obscene material and all types of pornography;
6.2.41 Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking;
6.2.42 Opened or used products;
6.2.43 Oxidising materials or organic peroxides (including disinfectants, nitrates and hair dyes or colourants containing peroxide);
6.2.44 Pesticides (e.g. weed killer and any chemical used to kill pests and insects including fly sprays);
6.2.45 Photos that do not clearly show a product item;
6.2.46 Poisons, toxic liquids, solids and gases (including substances that are liable to cause death or injury if swallowed or inhaled or by skin contact, including arsenic, cyanide, fluorine, rat poison);
6.2.47 Prescription drugs and medical devices;
6.2.48 Products and ingredients that governmental agencies have determined present an unreasonable risk of injury or illness or are otherwise unsafe;
6.2.49 Products/goods belonging to franchise business brands, multi-level-marketing brands and/or network marketing brands;
6.2.50 Products containing ingredients that are not authorised or are restricted under the Novel Food Regulations;
6.2.51 Products labelled as ‘not for retail sale’, ‘tester’ or ‘not intended for resale’;
6.2.52 Products that have been tested on animals or that contain ingredients that have been tested on animals, as set forth by EU Regulation 1223/2009;
6.2.53 Products that have been the subject of recalls or safety alerts;
6.2.54 Products that have passed their expiration or ‘use by’ dates;
6.2.55 Products that infringe copyright or trademark laws;
6.2.56 Radioactive materials and samples (Classified as dangerous goods such as luminous dials from aircraft);
6.2.57 Recalled items;
6.2.58 Seized goods;
6.2.59 Sexual health enhancers, including dietary supplements, drugs and devices;
6.2.60 Solvent-based paints, wood varnishes and enamels;
6.2.61 Stolen property;
6.2.62 Substances or drugs considered as legal highs;
6.2.63 Supplements or vitamins that exceed the maximum U.K daily dosage;
6.2.64 Tobacco, e-cigarettes, and e-liquid;
6.2.65 Unfair, predatory, or deceptive practices – including sale or resale of a service without added benefit to the Buyer or resale of government offerings without authorization or added value;
6.2.66 Waste, dirt, filth or refuse (including household waste. Note soil samples sent for analysis are permitted provided they are packaged so that any leaks and spills are contained in the outer packaging);
6.2.67 Weapons (including Section 5 firearms, CS gas and pepper sprays, flick knives and other knives that are banned under UK laws, tasers and stun guns)
6.3 We reserve the right to remove any Listing that breaches the provisions of this Clause 6. If We do so, please note that Subscription Fees are non-refundable. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
7. Descriptions Policy
When selling on Our Marketplace, it is important that all descriptions of items and services are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:
7.1 if an item is not new, it must not be described as such;
7.2 if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
7.3 if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;
7.4 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;
7.5 your listings must be allocated to the appropriate category or categories. Where you cannot identify an appropriate category you will contact us;
7.6 subject to sub-Clause 7.7, photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;
7.7 if you are selling multiples of the same item (including, but not limited to, items made to order, customised versions of an item, or variations resulting in a similar but not identical product), you do not need to include photographs of every individual item, provided that your description sets out any variations that are likely to be made, stating that the photographs provided are examples only;
7.8 your listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance;
7.9 if you are offering items made or customised to order, provide full details of the options available to Buyers;
7.10 if you are offering items made or customised to order and the price for those items will vary according to a Buyer’s requirements, include full details of pricing including, if possible, set prices for different versions of an item or, if this is not possible, a statement that pricing will vary according to the Buyer’s requirements;
7.11 if you are offering items made or customised to order, you must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times;
7.12 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);
7.13 your Listing must not advertise alternate locations from which your items can be purchased.
8. Intellectual Property Rights
8.2 Sellers must, at all times, respect the intellectual property rights of other Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
8.3 If you feel that another User (whether they are another Seller or a Buyer or otherwise) has infringed your intellectual property rights in any way, please contact Us at email@example.com.
8.4 If another party contacts Us accusing you of infringing their intellectual property rights:
8.4.1 We will contact you to inform you of the complaint;
8.4.2 We may remove the User Content that is the subject of the complaint;
8.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
8.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.
9. Seller Rules and Acceptable Usage Policy
9.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:
9.1.1 you must provide evidence of and keep in force at all times valid business contact details, public liability, product liability and professional indemnity insurance to Our Marketplace;
9.1.2 you must create and allocate listings to the appropriate category or categories. If you cannot identify an appropriate category please contact us;
9.1.3 you must keep your listings up to date, in particular you must remove listings in respect of products or services that cease to be available;
9.1.4 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);
9.1.5 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
9.1.6 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
9.1.7 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
9.1.8 you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Marketplace;
9.1.9 you must not charge excessively for delivery to Buyers;
9.1.10 you must state the price of an item accurately and clearly, and must not change it in order to avoid paying any applicable Transaction Fee;
9.1.11 you must not engage in any form of price fixing with other Users (including Sellers and Buyers);
9.1.12 you must not publish Buyer reviews or testimonials that make prohibited claims or do not comply with any applicable laws pertaining to endorsements or medical drug claims;
9.1.13 you must not add contact details such as website, address or telephone number on your store banner, logo or profile image;
9.1.14 you must use good quality images and refrain from using images that contain text on Our Marketplace; and
9.1.15 you must not create and publish for the purpose of selling the exact same service/product on multiple Listings, there must be a variation to your Listings.
9.2 When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
9.2.1 is sexually explicit;
9.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.2.3 promotes violence;
9.2.4 promotes or assists in any form of unlawful activity;
9.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
9.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.2.7 is calculated or is otherwise likely to deceive;
9.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
9.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
9.2.10 implies any form of affiliation with Us where none exists;
9.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
9.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3 Product images submitted to Wellbeing Umbrella must meet the standards set out in Our Image Standards Policy.
9.4 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Sellers. Further actions We may take include, but are not limited to:
9.4.1 removing your Listing(s) and/or Account from Our Marketplace;
9.4.2 issuing you with a written warning;
9.4.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
9.4.4 further legal action against you as appropriate;
9.4.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.4.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
9.5 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Sellers.
10. Subscription Plans & Payout Fees
10.1 Each of Our Marketplace Subscription Plans are continuously rolling unless it is cancelled by either you or us under either your right to cancel at Clause 18, or our right to cancel at Clauses 4 to 10.
10.2 Subscription Plan fees are charged on the anniversary of the start date. For example, if you signed up for your subscription plan on a monthly subscription on the 9th then you will be billed each month on the 9th or if yearly subscribed on 4th April you will be billed on the 4th April the subsequent year after. If We are unable to collect payment for any reason, we reserve the right to remove your Listings and/or Account from Our Marketplace and/or restrict key functionality, until payment has been received.
10.4 Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers (including, but not limited to those described in sub-Clauses 9.1.2 and 9.1.8) are strictly prohibited.
11. Payment Service
11.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe Payment UK Ltd, Our Third Party Payment Service Provider.
11.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
11.4 The Payment Service works with the following payment methods:
11.4.1 Visa, American Express & Mastercard.
11.5 Payments are processed securely, through our SSL-encrypted platform.
11.6 Stripe Payment UK Ltd, Payment Processing fees are 1.4% + 20p for European Cards and 2.9% + 20p for Non-European Cards. We suggest adding Stripe Radar For Teams at an additional £0.02 per transaction via your own personal Stripe account dashboard, for extra protection.
11.7 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
11.8 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
12. Payments from Buyers
12.1 All payments are processed using the Payment Service described above in Clause 11.
12.2 You may choose to allow Buyers to pay you using some or all of the payment methods listed above in sub-Clause 11.4.
12.3 When a Buyer pays for an item or service, their payment will be credited to your Payment Service Account within 7 days. However, on your first transaction/sale on the marketplace, Stripe won’t release your first pay-out until 7–14 days after receiving your first successful payment. The first pay-out from Stripe usually takes a little longer in order to establish the Stripe account. Processing subsequent pay-outs then happens according to how you have set up your pay-out schedule on Stripe. Currently your options are daily, weekly or monthly.
12.4 Sellers that issue refund on an order after its payment withdrawal, will need to refund the Buyer through a payment method outside of Our Marketplace, such as PayPal. If you refund a Buyer through another method outside Our Marketplace, We are unable to refund you any Transaction or Payment processing Fees.
12.5 If a Buyer does not pay, you may cancel the transaction. Please refer to Clause 17 for more information on your cancellation rights.
12.6 We will not make any Buyers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
13.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
13.2 Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.
13.3 Value added tax (“VAT”) may be charged to Buyers on purchases and to Sellers on fees payable to Us.
13.4 If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.
13.5 Wellbeing Umbrella only enables digital goods to be sold to customers located within the U.K., so collection and remit of VAT on digital items purchased by customers of countries outside the U.K. is not required.
13.6 For further information on VAT and other taxes in your location, please contact your local tax authority.
14.1 You must dispatch items as soon as is reasonably possible upon receipt of payment from a Buyer under Clause 12, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless your Listing has stated otherwise, or unless the Buyer has agreed otherwise, you must dispatch items no later than 30 calendar days after the date on which the sale takes place.
14.2 You must ensure that you dispatch items to the correct address provided by the Buyer. It is your responsibility to ensure that the address that you use exactly matches that provided by the Buyer. If items dispatched do not reach the Buyer due to an incorrect address provided by the Buyer, it is the Buyer’s responsibility and not yours.
14.3 You are free to determine the delivery charges for your items; however, delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of delivering the item in question to the Buyer.
14.4 You must provide an accurate UK based ships-from address/store address located in ‘Store Settings’. Our Marketplace automatically displays you are shipping from the UK on listings.
14.5 You are responsible for delivering items to Buyers upon receipt of payment. You may deliver items personally, arrange with the Buyer for the Buyer to collect items, or use a postal or delivery service agreed between you and the Buyer.
14.6 It is strongly recommended that you obtain proof of postage or dispatch when dispatching items. Such proof will be important in the event that a Buyer does not receive the item(s) from you.
14.7 Once an item has been dispatched to a Buyer, you must inform the Buyer. Our Marketplace enables you to do this by going to “Store Manager”, in the “Orders Received” section, find the item you want to ‘mark shipped’ by clicking on the delivery van icon in the actions menu and completing shipping tracking information. You must not describe an item as dispatched until it actually has been.
14.8 You must comply with any and all applicable shipping and customs regulations when delivering items to Buyers. It is your responsibility to check, be aware of, understand, and comply with all such regulations.
15. Buyers’ Rights to Cancel Goods/Services and Return Items
15.1 We understand that cancellation and refund policies vary depending on the type of product, service, and the Seller. To promote clarity and avoid any problems with order cancellation or curtailment (when a Buyer cuts their service prevision short) on Our Marketplace, Sellers must post cancellation/refund policies on all Listings.
15.2 Our Marketplace enables you to post policies to your store by going to “Store Manager” and into the “Store settings” section. Store policies can be adjusted to individual Listing requirements within the “Product Policies” section located under each created Listing.
15.3 Seller cancellation and refund policies must be fair and reasonable and comply with the minimum requirements set out under Clauses 15, 16 and 17 and;
15.3.1 must comply with all applicable local and national laws, rules and regulations, and;
15.3.2 must not be changed retroactively or to otherwise impact Buyers’ entitlement to relief in connection with purchases made prior to the date of such change and its posting to the applicable event page, unless such changes operate to place impacted Buyers in an equal or better position as they were under the policy in place at the time of purchase.
15.4 ”No refund” policies are acceptable, but must be clearly identified as such and must still otherwise comply with the minimum requirements set out under Clauses 15, 16 and 17.
15.5 Buyers who are consumers (that is, not businesses) based in the European Union may be entitled to a “cooling-off” period within which they may cancel their service or goods contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the Buyer (or someone nominated by the Buyer) books a service or receives an item.
15.6 The cooling-off period does not apply in the following circumstances:
15.6.1 If the item is sealed for health or hygiene reasons, and the Buyer has unsealed the item after receiving it; or
15.6.2 If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and the Buyer has unsealed the item after receiving it; or
15.6.3 If the item is digital content and it has been downloaded or otherwise accessed by the Buyer; or
15.6.4 If the item is likely to deteriorate quickly, for example flowers or food; or
15.6.5 If the item has been personalised or made-to-order for the Buyer; or
15.6.6 If the item has been inseparably mixed with another item or other items (according to their nature) after the Buyer has received it; or
15.6.8 If it is a ticketed event.
15.7 If a Buyer exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The Buyer may do so in any way they wish, however for convenience We provide a support ticket for each order on Our Site which will notify and email you of their request. Cancellation by notification, email or by post is effective from the date on which the Buyer sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the Buyer sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.
15.8 Sellers may operate and charge fair and reasonable cancellation fees on services (e.g. appointments) where Buyers have provided short notice of cancellation or failed to attend. Cancellation and refund policies must clearly identify as such and aid Buyers to govern your minimum notice periods and charges.
15.9 Subject to sub-Clause 15.6.7, when a Buyer requests for services to start during the cooling-off period and then exercises their right to cancel, you must issue a refund within 14 calendar days minus the value of the service that has already been provided up to the point of cancellation.
15.10 Where relevant, items must be returned to you by the Buyer no more than 14 calendar days after the day on which the Buyer informs you that they wish to cancel. The Buyer will be responsible for the costs of returning items to you if they cancel under the cooling-off period.
15.12 When a Buyer cancels an item under the cooling-off period, you must issue a refund within 14 calendar days of the following:
15.12.1 The day on which you receive the item(s) back; or
15.12.2 The day on which the Buyer informs you (supplying evidence) that they have sent the item(s) back (if this is earlier than the day under sub-Clause 15.12.1); or
15.12.3 If you have not yet dispatched the item(s), the day on which the Buyer informs you that they wish to cancel.
15.13 You may make certain limited deductions from refunds under this Clause 15 as follows:
15.13.1 You may reduce a refund for any diminished value in an item resulting from the Buyer’s excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or
15.13.2 You are only required by law to reimburse standard delivery charges. If a Buyer has chosen a premium delivery method, you are only required to reimburse them for the equivalent of standard delivery.
16. Problems with Transactions and Buyers’ Rights
16.1 By law, you must provide services with reasonable care and skill, and goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that you provide to the Buyer, and that matches any samples or models that you have shown to the Buyer (unless you have made the Buyer aware of any differences).
16.2 If services or items do not conform with the requirements outlined in sub-Clause 16.1 and, for example, have faults or are damaged when the Buyer receives them, the Buyer must contact you as soon as reasonably possible to inform you of the problem. The following remedies will be available to the Buyer:
16.2.1 A repeat of the element of the service that is deemed inadequate, or the whole service performed again at no extra cost to the Buyer, within a reasonable time and without causing them significant inconvenience.
16.2.2 Where a repeat service performance is impossible or cannot be carried out within a reasonable time or without causing significant inconvenience, Buyers may have the right to a price reduction and/or full refund.
16.2.3 Beginning on the day that the Buyer receives the item(s), if the item(s) is/are goods, the Buyer has a 30 calendar day right to reject them and to receive a full refund if they do not conform.
16.2.4 If the Buyer does not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, the Buyer may request a repair or replacement. You must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to the Buyer. If either a repair or a replacement is impossible or disproportionately difficult, you may offer the Buyer the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If the Buyer requests a repair or replacement during the 30 calendar day rejection period, that period will be suspended while you carry out the repair or replacement and will resume on the day that the Buyer receives the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
16.2.5 If, after a repair or replacement, the item(s) still do not conform (or if you cannot repair or replace it/them, as described above, or if you have failed to act within a reasonable time or without significant inconvenience to the Buyer), the Buyer may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.
16.3 If the Buyer exercises the final right to reject the item(s) more than six months after receiving it/them, you may reduce any refund to reflect the use that the Buyer has had out of it/them.
16.4.1 you inform the Buyer of any fault(s), damage, or other problems with the item(s) before the Buyer purchases them and it is because of that/those same issue(s) that the Buyer subsequently wishes to return them;
16.4.2 the Buyer has purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to you and the problem has resulted from the Buyer’s use of the item(s) for that purpose; or
16.4.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
16.5 All Wellbeing Umbrella customer accounts provide Buyers with a support ticket with each transaction (access customer account: https://wellbeingumbrella.co.uk/my-account/orders/), the support tickets can be utilised to request a cancellation. Buyers without an account on Our Site will communicate their request for cancellation via your message button, located on your store. The costs of returning items to you should be covered by you, reimbursing the Buyer where necessary.
16.6 Refunds (whether full or partial, including reductions in price) under this Clause 16 must be issued within 14 calendar days of the day on which you agree that the Buyer is entitled to a refund.
16.7 Any and all refunds under this Clause 16 must include all delivery costs paid by the Buyer when the item(s) was/were originally purchased.
16.8 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
16.9 Refunds issued after Sellers have withdrawn payment for an order, will need to be carried out through a payment method outside of Our Marketplace, such as PayPal (as under sub-Clause 12.4).
17. Further Transaction Cancellation Rights
17.1 You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
17.1.1 You and the Buyer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
17.1.2 You and the Buyer have mutually agreed to cancel the transaction following receipt by the Buyer of the item(s) and the Buyer has returned the item(s) to you;
17.1.3 The Buyer has not paid; or
17.1.4 You have chosen to refuse service to the Buyer.
17.2 Sellers offering services or event tickets for purchase on Our Marketplace are subject to a legal commitment to make a refund, or provide an alternative that must be of equal or greater value to the value of the service or ticket, if the advertised service or event is cancelled.
17.3 Refund requests to Our Marketplace must be made within 2 days of:
17.3.1 the date on which you and the Buyer agree the cancellation, under sub-Clauses 17.1.1 and 17.1.2; or
17.3.2 the date on which you inform the Buyer that you are cancelling the transaction, under sub-Clauses 17.1.3 and 17.1.4.
17.4 Refunds issued after Sellers have withdrawn payment for an order, will need to be carried out through a payment method outside of Our Marketplace, such as PayPal (as under sub-Clause 12.4).
18. Your Account Cancellation Rights
18.1 You may close your Account and cancel your agreement with Us by going to “Store Manager”, in the “Edit Your Profile” section click on the “Membership” tab and cancel your membership agreement. To close and/or delete your Account data please request this action via the “Help form” on Our Site. Please note that once an Account is deleted it can not be undone.
18.2 Any outstanding sums due and payable to Us (including, but not limited to, Subscription Fees and Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
18.3 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
18.3.1 We have breached these Terms for Sellers in a material way and fail to remedy the breach within 28 days of you asking Us to do so in writing; or
18.3.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or
18.3.3 We change our service or these Terms for Sellers to your material disadvantage; or
18.3.4 We are adversely affected by an event outside of Our control that continues for more than 60 days (as under sub-Clause 20.2.5).
18.4 Closed Accounts that have been disabled for longer than 90 days will be deleted, including its contents.
19. Our Liability to You
19.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers.
19.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Sellers or as a result of Our negligence.
19.3 Subject to sub-Clause 19.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
19.4 Nothing in these Terms for Sellers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
19.5 Nothing in these Terms for Sellers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
20. Events Outside of Our Control (Force Majeure)
20.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
20.2 If any event described under this Clause 20 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
20.2.1 We will inform you as soon as is reasonably possible;
20.2.2 Our obligations under these Terms for Sellers will be suspended and any time limits that We may be bound by will be extended accordingly;
20.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;
20.2.5 If the event outside of Our control occurs and continues for more than 60 days and you wish to exercise your right to cancel under sub-Clause 18.3.4, you may do so by going to Store Manager, in the ‘Edit Your Profile’ section click on the “Membership” tab and cancel your membership agreement. To close and/or delete your Account data please request this action via the “Help form” on Our Site. If you would prefer to contact Us directly to cancel, please use the following details:
Post: Wellbeing Umbrella Ltd. 49 Wigan Road, Hindley. Wigan. WN2 3BG
Any refunds due to you as a result of your cancellation under sub-Clause 20.2.5 will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after your Account is cancelled.
21. Communication and Contact Details
21.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at firstname.lastname@example.org or post at Wellbeing Umbrella Ltd. 49 Wigan Road, Hindley. Wigan. WN2 3BG.
21.2 For matters relating to Our Marketplace including, but not limited to, these Terms for Sellers, transactions, Buyers, and other Sellers, please contact Us by email at email@example.com or post at Wellbeing Umbrella Ltd. 49 Wigan Road, Hindley. Wigan. WN2 3BG.
21.3 For matters relating to cancellations, please contact Us by email at firstname.lastname@example.org or post at Wellbeing Umbrella Ltd. 49 Wigan Road, Hindley. Wigan. WN2 3BG, or refer to the relevant Clauses above.
22. Data Protection
22.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
22.4 If a Seller and Us are found to be joint data controllers of any Buyers’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Buyer’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.
23. Other Important Terms
23.1 We may transfer (assign) Our obligations and rights under these Terms for Sellers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Sellers will not be affected and Our obligations under these Terms for Sellers will be transferred to the third party who will remain bound by them.
23.2 You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.
23.3 If any of the provisions of these Terms for Sellers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Sellers. The remainder of these Terms for Sellers shall be valid and enforceable.
23.4 No failure or delay by Us in exercising any of Our rights under these Terms for Sellers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Sellers means that We will waive any subsequent breach of the same or any other provision.
23.5 We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Sellers are to your material disadvantage, you may cancel as set out in sub-Clause 18.3.3.
24. Law and Jurisdiction
24.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
24.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 24.1 above takes away or reduces your rights as a consumer to rely on those provisions.
24.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
24.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.