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Sellers Terms and Conditions
These terms and conditions are the contract between you and MadeMakers Enterprises Ltd (“us”, “we”, etc). By visiting or using MadeMakers.com you agree to be bound by them.
“Content” means the textual, visual or aural content that is encountered as part of your experience on MadeMakers.com. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
“MadeMakers.com” means any website of ours, and includes all web pages controlled by us.
“Post” means place on or into MadeMakers.com any Content or material of any sort by any means.
“Product” means any item offered for sale by you on MadeMakers.com.
“Service” means all of the services available from MadeMakers.com whether free or charged.
2. Our contract
2.1 The relationship between us is solely that:
2.1.1 in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor.
2.1.2 we act as your agent solely in the collection of money paid by your buyer-customer.
2.1.3 we are not publishers, partners or joint ventures.
2.2 If you place a Product for sale on the website, you do so subject to these terms.
2.3 We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on MadeMakers.com at the time that the contract was made.
2.4 Although we are not a party to your contract with a buyer introduced to you via MadeMakers.com we shall remove your products from offer if a customer or site visitor has a valid complaint against you.
2.5 Subject to this agreement and to the procedures set out in our web pages, you may enter a Product or Service for sale through MadeMakers.com.
3. Your MadeMakers listing
3.1 to indemnify us against any claim by any person in respect of any Product, including reasonable management costs and lawyers fees.
3.2 to indemnify us for any expense incurred by us in protecting the reputation of our business by making any payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
3.3 not knowingly to place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
3.4 to make suitable arrangements for the delivery of each Product, including active communication with the buyer.
3.5 not to post any personal information including contact details, name and addresses on any MadeMakers listing. If seen by one of our moderators your listing will be removed.
3.6 immediately to remove from sale on MadeMakers.com any product which for any reason, you are unable to supply.
3.7 not to re-place any product we remove from offer for sale.
4.1 Deliveries of physical products will be made from your premises, by post or by a carrier instructed by you.
4.2 On the date of despatch, you will notify both the customer and MadeMakers.com by changing the status of the order to shipped via your seller account.
4.3 If at any time, any customer notifies you of non-delivery within the time scale offered by you on MadeMakers.com you will investigate immediately and tell the buyer that you are doing so, what you are doing, and when you expect to be able to deliver the product.
4.4 In the absence of information to the contrary, you agree to despatch a product within three days of notification of order by us, by a method likely to reach the buyer within a further seven days.
4.5 If it is apparent that a customer has not received a product within the time frame of the expected delivery date, you will refund money paid, including any delivery charge through PayPal. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
5. Products returned
You agree that you will at all times:
5.1 reply promptly and in any event within 48 hours to any customer message or other correspondence;
5.2 comply with the law relating to all aspects of the contract between you and your customer;
5.3 when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the contract set out by us between you and your customer.
5.4 in the event that goods bought are not available, you will immediately tell your customer;
5.5 comply with the MadeMakers procedures relating to satisfaction of an order, goods returned and payment, as set out in our web pages from time to time.
5.6 provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
6. The selling procedure
6.1 MadeMakers is not responsible for the fulfilment of your contract to sell a Product.
6.2 Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
6.3 You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider (PayPal) or you have accepted by messaging the buyer.
6.4 Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.
6.5 Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer’s conditions on MadeMakers.com at any time.
6.6 If for any reason the buyer does not pay you, we can re list your item.
6.7 MadeMakers are just the intermediary between the buyer and the seller. We can not be held accountable or liable for and injury or crime permitted at a meet up. We are merely the introducer.
7. Order fulfilment
7.1 We shall send you a message by email at the time of each sale, providing full information about that sale.
7.2 You agree to comply with the stages set out in your listing for your buyer to receive your product safely and efficiently.
7.3 If you fail to deliver the product to your buyer, a dispute will opened via PayPal in which case your funds may be withdrawn. See more on PayPal’s website on the dispute section: https://www.paypal.com/uk/webapps/mpp/first-dispute
8.1 We sell your product at the price you place on it, subject to these terms and subject also the requirements we set out on MadeMakers.com from time to time.
8.2 MadeMakers.com selling system is an automated system which can be followed by you through a “control panel”.
8.3 All payments and transactions between, us, you and the buyer are to be done through PayPal. This is so all transactions are recorded and in a case of a dispute, it can be resolved via PayPals website.
8.4 If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
9. Advertising of your Product
You agree for us to advertise, market or promote your product on social media sites such as Twitter/Facebook etc.
10. Your Product warranties
10.1 You warrant that any Product you place on MadeMakers.com for sale:
10.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
10.1.2 does not offend against the law of any country whose citizens might purchase it;
10.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through [MadeMakers ].
10.2 You warrant that you own the copyright of any Product you place on MadeMakers.com for sale, or that you have the permission of the copyright owner:
10.2.1 to place the Product on MadeMakers.com for sale;
10.2.2 to receive the net proceeds of such sales as arise;
10.2.3 to defend the copyright in the Product.
11. How we handle your Content
11.1 If you Post Content to any public area of MadeMakers.com it becomes available to all the World. We have no control who sees it nor what anyone does with it.
11.2 You now irrevocably authorise us to publish feedback, comments and ratings about your products, services and activity through MadeMakers.com even though it may be defamatory or critical.
11.3 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
11.4 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
11.5 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
11.6 Please notify us of any security breach or unauthorised use of your account.
12. Restrictions on what you may Post to Our Website
We invite you to Post Content to MadeMakers.com for [marketing your products and services and in other ways]. We have to regulate your use of MadeMakers.com to protect our business and our staff, to protect other users of MadeMakers.com and to comply with the law.
Our moderators will often check items listed.
You agree that you will not use or allow anyone else to use MadeMakers.com to Post Content or undertake any activity which is or may:
12.1 be unlawful, or tend to incite another person to commit a crime;
12.2 be obscene, offensive, threatening, violent, malicious or defamatory;
12.3 be sexually explicit or pornographic;
12.4 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
12.5 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
12.6 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
12.7 give the impression that it emanates from us;
12.8 be made on behalf of some other person, or impersonate another person;
12.9 use a Posting to solicit responses unconnected with the purpose of MadeMakers.com or the terms proposed by this agreement;
12.10 promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
13. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
13.1 hyperlinks, other than those specifically authorised by us;
13.2 keywords or words repeated, which are irrelevant to the Content Posted.
13.3 any personal information including your name, contact details and addresses.
13.4 the name, logo or trademark of any organisation other than yours.
13.5 inaccurate, false, or misleading information;
13.6 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
14. Security of Our Website
If you violate MadeMakers.com or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 120. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
14.1 modify, copy, or cause damage or unintended effect to any portion of MadeMakers.com or any software used within it.
14.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
14.3 download any part of MadeMakers.com without our express written consent;
14.4 collect or use any product listings, descriptions, or prices;
14.5 collect or use any information obtained from or about MadeMakers.com or the Content except as intended by this agreement;
14.6 share with a third party any login credentials to MadeMakers.com;
14.7 use on MadeMakers.com software which assists in:
14.7.1 data mining, extraction or collection;
14.7.2 emulating, hacking, password cracking, IP spoofing or over-loading Our Website;
14.7.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
14.7.4 performing any automated operation;
15. Copyright and other intellectual property rights
15.1 All content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
15.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
15.3 For the sake of orders you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
16. Interruption to the Service
16.1 We give no warranty that the Service will be satisfactory to you.
16.2 We will do all we can to maintain access to MadeMakers.com but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reasons. We may do so without telling you first.
16.3 You acknowledge that our Service may also be interrupted for reasons beyond our control.
16.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
17. Our disclaimers
17.1 We are not responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
17.2 Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
17.3 MadeMakers.com contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
17.4 We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
17.5 MadeMakers.com and services are provided “as is”. As to the website and services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
17.5.1 as to fitness of our site and Service for a particular purpose;
17.5.2 as to availability and accessibility, without interruption, or without error;
17.5.3 any obligation, liability, or remedy in tort whether or not arising from our negligence;
17.6 Because we are not the agent or either seller or buyer, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
18. Miscellaneous matters
18.1 You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.
18.2 No amendment or variation to this agreement is valid unless in writing, signed by each of us or by our respective authorised representative.
18.3 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
18.4 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.5 For the purposes of the Data Protection Act 128 you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us [and/or any agent or third party nominated by us] [and bound by a duty of confidentiality]. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
18.6 If you are in breach of any term of this agreement, we may:
18.6.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
18.6.2 terminate your account and refuse access to MadeMakers.com;
18.6.3 remove or edit Content, or cancel any order at our discretion;
18.6.4 issue a claim in any court.
18.7 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
18.8 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.9 When you visit MadeMakers.com or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on MadeMakers.com You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
18.10 Any communication to be served on either of us by the other shall be delivered by e-mail.
It shall be deemed to have been delivered:
Sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
18.11 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
18.12 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 129 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
18.13 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
18.14 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.15 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
18.16 The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in [England and Wales / Scotland / Northern Ireland].