USER AGREEMENT FOR SELLERS
Welcome to ScotlandbyMail!
This Agreement ("Agreement") contains the terms and conditions that govern your access to and use of the services through a seller account or accounts. By registering for and/or using the services, you (on behalf of yourself or the business you represent) agree to comply with the terms of this Agreement.
2. WHO WE ARE
ScotlandbyMail (also referred to as “we”, “us”, “our”) is an online marketplace providing services to connect buyers and sellers, operated by Tuminds Ltd based in Inverness, Scotland.
The aim of this marketplace is to make it easy for small businesses and individuals based in Scotland to get their products online and promoted to a targeted audience. Our Target Audience includes people who love to buy from small independent traders, people who love Scotland and people in Scotland who want to shop local during this crisis.
ScotlandbyMail has been set up in response to the lockdown due to the COVID-19 outbreak. Registered and approved Sellers can list and sell their products for free.
By registering with ScotlandbyMail you confirm you are over 18 years old and able to form legally binding contracts. If you are registering with ScotlandbyMail as a business entity you confirm that you have the authority to legally bind that entity.
As part of the registration you must provide us with your (or your business') legal name, email address, postal address, company registration number if applicable and VAT number if applicable, as well as any other information we may request. To complete the registration, you need to confirm your email address from your seller account.
Any personal data you provide to us will be handled in accordance with our Privacy and Cookies Policy.
4. SELLER APPROVAL
Products can be added and listed for sale only after a seller account is approved. Following registration as a seller we will review the seller profile information provided before approving the account. We may contact you for additional information.
Sellers must be individuals or small independent businesses based in Scotland. Products and services offered for sale must be appropriate and appealing to our Target Audience.
The decision to approve or deny a seller account is made by ScotlandbyMail at our sole discretion.
5. USING SCOTLANDBYMAIL
ScotlandbyMail does not stock any of the items listed on or sold through the website. The contract for a sale is directly between buyer and seller.
While we monitor the listings, we do not review all content provided by a seller or other user before it goes live. You are responsible for the content of your product listings and seller information provided to us and the buyers. You must not post, list or upload false, inaccurate, misleading or defamatory content, including personal and/or business information.
You are responsible for the safe and undamaged supply and delivery of your items sold through the website, in line with your delivery terms, this Agreement and any applicable laws and regulations.
By using ScotlandbyMail you allow us the right to re-use, edit, modify, re-purpose and re-publish your content. You retain rights over copyright of all such content yet provide a license for us to use this content both on and offline in perpetuity. This will enable us to reproduce your content for the purposes of marketing the service and your products or items. You guarantee that you have the right to make your content available to us and that it is not defamatory and does not infringe any law. You indemnify ScotlandbyMail against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty.
6. PRODUCTS AND PRODUCT INFORMATION
You agree to provide accurate and complete information for each product or service that you make available to be listed for sale and ensure that it remains accurate and complete.
It is not allowed to sell any counterfeit items on ScotlandbyMail or any items which otherwise infringe the copyright, trademark or other rights that belong to third parties.
You must ensure that all your products including packaging comply with all applicable legislation, including but not limited to minimum age, marking and labelling requirements.
In addition, you must ensure your products do not contain any sexually explicit, defamatory or obscene materials, and that your products were not produced, manufactured, assembled or packaged by forced or child labour.
You must have full rights to any image you include in your product listing to the extent that you can use it and you can give ScotlandbyMail full permission to use it without infringing any third party’s intellectual-property rights.
7. DELIVERY TIMES AND CHARGES
Product prices displayed on our website include delivery within the UK. It is your responsibility to ensure your product listings cover the product cost plus any delivery costs.
You can provide delivery times and information on delivery methods for all your products listed and vary them per product. You agree to ensure the information provided is accurate and up to date.
You are responsible for the safe and undamaged supply and delivery of your items sold through the website, in line with your delivery terms and this agreement.
8. VAT AND OTHER TAXES
All product prices on the website will be displayed inclusive of VAT if applicable.
You must provide us with your VAT number if applicable, before you start selling on ScotlandbyMail or within 10 days of becoming VAT registered. If you are VAT registered then customers must receive a VAT receipt when requested.
You are responsible for all VAT and other taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the ScotlandbyMail site.
To the extent possible under Scottish law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest.
9. LISTING FEES AND COMMISSION
We do not charge listing fees or commission to sell your products using ScotlandbyMail.
10. PAYMENT TRANSACTION CHARGES
When an item is sold the online payment will incur Payment Transaction Charges. These cover Shopify Payments Credit Card Transaction charges and/or Paypal Transaction charges, depending on the payment method chosen by the buyer.
11. ORDER PROCESSING AND SALES EARNINGS
For each Transaction relating to the sale of one or more of your item listings a confirmation email will be sent to the email address provided in your seller account. All relevant order information will be stored in your seller account.
Sales Earnings relating to a sales Transaction of one or more of your item listings through our website will be credited to your seller account and made payable via your chosen Payment Method.
Sales Earnings are the proceeds of a sales Transaction minus the related Payment Transaction Charges incurred.
12. SELLER PAYMENT METHODS
You will receive your seller Sales Earnings through one of the following two Payment Methods:
Payment of Sales Earnings will be made into your connected Paypal account after you change the order status to ‘fulfilled’. Paypal charges will be applicable to this transfer.
· Internet banking
Payment of Sales Earnings will be made into the bank account detailed in your seller account, 14 days following the Sales Transaction, provided you have changed the order status to ‘fulfilled’.
13. RETURNS AND REFUNDS
You may customise you returns preferences in your seller account within the website. You must comply with all applicable laws relating to online trading, including but not limited to the Consumer Rights Act 2015.
You agree to refund the buyer if a sales Transaction is cancelled by you or the buyer before shipping, or when a product is returned in accordance with your returns policy and/or the buyer’s consumer rights. If the buyer returns an item because it does not match the product description, sellers will usually be responsible for return postage costs in addition to the Purchase Price.
In order to refund the buyer, you authorise ScotlandbyMail to refund to the buyer the relevant amount. You agree to reimburse ScotlandbyMail should payment of the related Sales Earnings already been made to you.
You authorise ScotlandbyMail to request PayPal to reverse the transfer of the related Sales Earnings from your connected PayPal account if Paypal was the payment method.
We reserve the right to deduct the refund amount or part of the refund amount from related and/or unrelated outstanding Sales Earnings.
14. CORRECTING MISTAKES IN PAYMENTS TO BUYERS AND SELLERS
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the refund or reimbursement. You agree to reimburse ScotlandbyMail any payments made to you due to a processing or administrative error.
We cannot guarantee the existence, quality, safety or legality of items listed; the ability of sellers to sell items; or that a buyer or seller will actually complete a transaction, deliver or return an item.
While we may help facilitate the resolution of disputes, we are not responsible for resolving disputes, nor are we responsible for your actions or inactions or for the actions or inactions of other users.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may use mechanisms that rate or allow shoppers to rate your Products and/or your performance as a seller and we may make these ratings and feedback publicly available.
17. DATA PROTECTION
ScotlandbyMail and you shall process personal data received in connection with using the website, each as a separate and independent controller. As such a separate and independent controllers, both you and ScotlandbyMail shall be individually and separately responsible for complying with the obligations that apply to a controller under applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR).
We try to keep ScotlandbyMail and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
Whilst we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. We cannot ensure the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our site.
You accept sole responsibility for the legality of your actions and the legality of any items you list on our website.
Under no circumstances will ScotlandbyMail be liable to you or third parties, for any loss of data, loss of profit or anticipated profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or injury to reputation, or any indirect or consequential damages arising from the use of ScotlandbyMail, regardless of the form of action.
Nothing in this Agreement seeks to limit or exclude consumers’ legal rights.
We retain the right to terminate or change the service for any reason at any time without notice.
We may transfer our obligations and rights under this Agreement to a third party. If this occurs, you will be informed by us in writing. Your rights under this Agreement will not be affected and our obligations under this Agreement will be transferred to the third party who will remain bound by them.
You may only transfer your seller account to another party with our explicit consent.
If any of the provisions of this Agreement 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 this Agreement. The remainder of this Agreement shall be valid and enforceable.
No failure or delay by us in exercising any of our rights under this Agreement means that we have waived that right, and no waiver by us of a breach of any provision of this Agreement means that We will waive any subsequent breach of the same or any other provision.
We may amend this Agreement at any time by posting the amended Agreement on the website. Please review the terms of this Agreement regularly to ensure you are aware of any changes made by us. Your continued use of our Website after changes are posted means you agree to be legally bound by this Agreement as updated and/or amended.
The policies posted on our website may be changed from time to time. Changes take effect when we post them on the website.
20. TERM AND TERMINATION
The term of this Agreement will start on the date of your completed registration for a seller account and continue until terminated by us or you as provided below.
You may at any time terminate your use of our services immediately on notice to us via email, the website’s contact form or similar means.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to cancel or inactivate any account, or terminate our Services to anyone for any reason and/or any period of time, at our sole discretion.
On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that you will remain responsible for performing all of your obligations in connection with Transactions entered into before termination.