Krafty Trade

Terms and Conditions for Sellers

TERMS FOR MAKERS

 

BACKGROUND:

 

These Terms for Makers, together with any and all other documents referred to herein, set out the terms under which Users (“Makers”) sell on Our Marketplace. Please read these Terms for Makers carefully and ensure that you understand them before selling on Our Marketplace. You will be required to read and accept these Terms for makers when you sign up for a maker account. If you do not agree to comply with and be bound by these Terms for Makers, you will not be able to sell on Our Marketplace. These Terms for Makers, as well as any and all contracts are in the English language only.

 

1.                Definitions and Interpretation

1.1            In these Terms for Makers, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required to access and/or use certain areas of Our Site, including Our Marketplace;

“Buyer” or “Retailer”

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 or items for sale;

“Marketplace”

means Our platform for Makers and Retailers on Our Site;

“Our Site”

means this website, www.kraftytrade.co.uk

“Payment Service”

means the payment service provided by Stripe;

“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;

“Seller” or “Maker”

means a User who sells on Our Marketplace;

“Third Party Payment Service Provider”

means Stripe, a company with registered address 9th Floor, 107 Cheapside, London, EC2V 6DN and who’s website is https://stripe.com/gb

“Transaction Fee” or

“Commission Fee”

means a percentage fee applied to each sale made on Our Marketplace;

“User”

means a user of Our Site;

“User Content”

means any Content added to Our Site by a User;

“We/Us/Our”

means Krafty Trade, a limited company registered in England under company number 12112751 whose registered address is Krafty Trade Ltd

International House 64 Nile Street London

N1 7SR

 

2.                Information About Us

2.1            Our Site is owned and operated by Krafty Trade Ltd, a limited company registered in England under company number 112112751 whose registered address is Krafty Trade Ltd International House 64 Nile Street London N1 7SR

 

3.                Access to and Use of Our Site

3.1            Access to Our Site is free of charge.

3.2            It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3            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 Makers, 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.

3.4            Use of Our Site is also subject to Our Terms of Use and Terms for Retailers. Please ensure that you have read them carefully and that you understand them.

 

4.                Age Restrictions

You may only sell on Our Marketplace if you are at least 18 years of age or at least 16 years of age with parental supervision. Unless you are selling a product that by law requires you to be aged 18+

 

5.                Our Marketplace

 

Maker Account. To sell goods through the Services as a Maker, you must submit an application to be approved by Krafty Trade. The application process and Maker Account are both free of charge. The application is required for us to understand the basic nature of your business, information about you, and your products. If approved as a Maker, you will receive an email within 48 hours informing you that your account is not active. You can then continue setting up your account.

 

Our Marketplace is provided solely as an online venue for Makers and Retailers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:

5.1            Retailers are not making purchases from Us and are not entering into a contract with Us. A Retailer’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 Retailer or another Maker. Any claims must be made directly against the party concerned;

5.3            We check that all makers are legitimate businesses prior to sign up, and we revise the content listed on our marketplace on a regular basis, however any listings or content that you list, advertise or sell on Our Marketplace fall under your own responsibility. Any items listed that do not comply with our terms can result in removal or suspension of your account.

5.4            While you are required to comply with these Terms for Makers, which include provisions covering important matters such as payment methods, processing times, and delivery methods, We recognise that all Makers 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). You must list any terms outside of our own terms within you profile.

 

6.                What Can and Cannot be Sold on Our Marketplace

 

6.1            The following are not permitted on Our Marketplace:

Counterfeit products or products that you do not have the right to sell (e.g., products that you do not make or that are not under your brand)

Firearms / firearm ammunition

Weapons, including knives, explosives and related items

Illegal drugs

Any hazardous, toxic, flammable, bio hazardous, unsafe or dangerous products

Any recalled products

Children’s car seats

Pornography, including images, videos or other offensive materials

Products that are offensive or promote, incite or glorify hate or violence towards any person or group

Culturally insensitive products

Products related to terrorist organizations

Digital goods, including software

Gift cards

Currency, coins, cash equivalents, Bitcoin or other similar digital currency

Gambling or lottery related items

Any perishable foods, including meat, fish, vegetables, fruits and dairy products

Any products containing asbestos or flame-retardant chemicals

Counterfeit goods

Used goods

Any other products that Krafty Trade determines in its discretion to be inappropriate for availability on the marketplace.

 

6.2            We reserve the right to remove any Listing that breaches the provisions of this Clause 6. If We do so, please note that Listing 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 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            Your item is new

7.2            Your item is your own craft, or registered as your own brand.

7.3            You cannot list an item made by someone else or a brand not owned by you.

7.4            Photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;

7.5            Photographs must be of a high quality and aesthetically appealing.

7.6            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,

7.7            your listing must include delivery costs

7.8            if you are offering items made or customised to order, provide full details of the options available to Buyers;

7.9            if you are offering items made or customised to order and the price for those items will vary according to a Buyer’s requirements, then you must submit a custom price to the retailer. We recommend that you include a statement that pricing will vary according to the Buyer’s requirements;

7.10        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;

7.11        you must not use any Content that belongs to other parties (please refer to Clause 8 for more information on intellectual property rights);

7.12        your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding Our Transaction Fees.

7.13        You must only make contact with our buyers through the Krafty Trade chat. It is prohibited to exchange email addresses or phone numbers.

 

8.                Forum Posts

8.1            A Maker Account is required if you wish to submit Posts to Our Forum(s).  Please refer to Clause 5 for more information.

8.2            You agree that you will be solely responsible for your Posts.  Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with Our Acceptable Usage Policy, detailed below in Clause 10.

8.3            You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 10.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

8.4            You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein.  By submitting a Post, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting Our Site and Forum(s).  Other Users may also copy, quote or respond to your Posts within Our Site and otherwise in accordance with our provisions.

8.5            If you wish to remove a Post, you may do so by choosing the delete option through your forum account.  Your Post will be [deleted] , however due to the functionality of Our Site, any shares of your Post may possibly remain]. [Removing a Post also revokes the licence granted to Us to use that Post under sub-Clause 6.4.] Please note that caching or references to your Post(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

8.6            We may reject, reclassify, or remove any Posts submitted to Our Site where, in Our sole opinion, the content of those Posts violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.

 

9.                Intellectual Property Rights

9.1            The provisions of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace [in Listings] and our Forum.

9.2            Makers 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.

9.3            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 info@kraftytrade.co.uk

9.4            If another party contacts Us accusing you of infringing their intellectual property rights: We will contact you to inform you of the complaint;

9.4.1       We may remove the User Content that is the subject of the complaint;

9.4.2       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

9.4.3       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.

 

10.            Seller Rules and Acceptable Usage Policy

10.1        When using Our Marketplace or Forum, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause. Specifically:

10.1.1   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);

10.1.2   you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

10.1.3   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;

10.1.4   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;

10.1.5   you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Marketplace;

10.1.6   you must not charge excessively for delivery to Buyers;

10.1.7   you must state the price of an item accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fee; and

10.1.8   you must not engage in any form of price fixing with other Users (including Sellers and Buyers).

10.2        When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:

10.2.1   is sexually explicit;

10.2.2   is obscene, deliberately offensive, hateful, or otherwise inflammatory;

10.2.3   promotes violence;

10.2.4   promotes or assists in any form of unlawful activity;

10.2.5   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;

10.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

10.2.7   is calculated or is otherwise likely to deceive;

10.2.8   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;

10.2.9   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);

10.2.10  implies any form of affiliation with Us where none exists;

10.2.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

10.2.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

10.3        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:

10.3.1   removing your Listing(s) from Our Marketplace;

10.3.2   issuing you with a written warning;

10.3.3   legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

10.3.4   further legal action against you as appropriate;

10.3.5   disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.3.6   any other actions which We deem reasonably necessary, appropriate, and lawful.

10.4        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.

11.   

Offering to Buy or Sell Outside of Krafty Trade

Buyers and sellers can’t:

11.1        Engage in any action with a user on the site designed to complete or facilitate a transaction outside of our platform

11.2        Share or request direct contact information prior to completing a sale

11.3        Refer to or promote external websites that facilitate sales outside of Krafty Trade or other businesses

11.4        Use any user information to contact another member to buy or sell off of Krafty Trade

11.5        List an item and then offer additional identical or related items for sale outside of Krafty Trade

11.6        Offer catalogues or other items that are used to order items directly outside of Krafty Trade

 

12.            Transaction Fees

 

12.1        A Transaction Fee of 15% of the price of each item sold will apply to each sale. Transaction Fees are deducted from the sale total.

12.2        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 7.12 and 9.1.7) are strictly prohibited.

 

13.            Payment Service

13.1        All Payments to you through Our Marketplace are made through the Payment Service provided by Stripe, Our Third-Party Payment Service Providers.

13.2        Your use of the Payment Service will require you to create an account with the Third-Party Payment Service Providers, but will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before taking payments from Buyers on Our Marketplace. Please read their terms and conditions here: https://stripe.com/en-gb/ssa

 

13.3        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.

13.4        The Payment Service works with the following payment methods:

Credit/Debit Card, Direct Debit, Web and Transfer, Web and Mobile Payments.

13.5        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.

 

13.6        The Third-Party Payment Service Providers reserve the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

 

14.            Payments from Buyers

14.1        All payments are processed using the Payment service described above or through our 3rd party financial credit provider Tillit.

 

14.2        When a Buyer pays for an item, their payment will be held and transferred directly into your designated Stripe account once your product has been marked dispatched.

 

14.3        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.

 

15.            Payments to Us

15.1        You can access and view all your statements and invoices through your dashboard. Just login to your Account.

15.2        All sums will be paid in full to us upon sale. No action is required by you.

15.3        If you believe that We have charged you an incorrect amount, please contact Us at info@kraftytrade.co.uk as soon as reasonably possible to let Us know.

 

16.            Taxes

16.1        It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.

16.2        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.

16.3        Value added tax (“VAT”) may be charged to Buyers on purchases and to Sellers on fees payable to Us.

16.4        If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.

16.5        For further information on VAT and other taxes in your location, please contact your local tax authority.

 

17.            Delivery

17.1        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.

17.2        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.

17.3        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. Delivery costs should be incorporated into your pricing as we strictly offer a free delivery service to all retailers.

17.4        For custom/ tailored orders, please quote your full price to the buyer including delivery costs.

17.5        You must provide an accurate ships-from location on your account.

17.6        You are responsible for delivering items to Buyers. You are responsible for any returns, damages, incomplete orders. The postal or delivery service you use for delivering goods to our retailers has no connection to Krafty Trade and we hold no liability for any issues that could arise through transit.

17.7        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.

17.8        Once an item has been dispatched to a Buyer, you must inform the Buyer. [Our Marketplace enables you to do this by marking the item as dispatched. You must not describe an item as dispatched until it actually has been.

17.9        [Our Marketplace allows you to share tracking information obtained from a postal or delivery service with Buyers. By sharing such information, you are giving Us your permission to collect and use it to provide Our service, and to share it with the Buyer.]

17.10     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.

 

18.            Buyers’ Rights to Cancel and Return Items

18.1        You, the seller must include your own returns policy within your shop profile. If you do not add a returns and cancellations policy the by default you will have to comply with out own returns policy set out below.

18.2        If applicable, the cooling-off period ends 30 calendar days after the day on which the Buyer (or someone nominated by the Buyer) receives the item.

18.3        The cooling-off period does not apply in the following circumstances:

18.3.1   If the item is sealed for health or hygiene reasons, and the Buyer has unsealed the item after receiving it; or

18.3.2   If the item is likely to deteriorate quickly, for example flowers or food; or

18.3.3   If the item has been personalised or made-to-order for the Buyer; or

18.3.4   If the item has been inseparably mixed with another item or other items (according to their nature) after the Buyer has received it.

18.4        If a Buyer exercises their right to cancel during this period, they must inform you of that decision within the time stated. The Buyer may do so in any way they wish, however for convenience We provide a cancellation form on Our Site http://Kraftytrade.co.uk/contact/. Cancellation by 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.

18.5        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.

18.6        When a Buyer cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:

18.6.1   The day on which you receive the item(s) back; or

18.6.2   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 16.5.1); or

18.6.3   If you have not yet dispatched the item(s), the day on which the Buyer informs you that they wish to cancel.

18.7        You may make certain limited deductions from refunds under this Clause 16 as follows:

18.7.1   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

18.7.2   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.

 

19.            Problems with Transactions and Buyers’ Rights

19.1        By law, you must provide goods 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).

19.2        If items do not conform with the requirements outlined in sub-Clause 17.1 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:

19.2.1   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.

19.2.2   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.

19.2.3   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.

19.3        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.

19.4        Please note that Buyers will not be eligible to claim under this Clause 17 in the following circumstances:

19.4.1   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;

19.4.2   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

19.4.3   the problem is the result of normal wear and tear, misuse, or intentional or careless damage.

19.4.4   We provide a cancellation form on Our Site http://Kraftytrade.co.uk/contact/ for Buyers to use when returning items. The costs of returning items to you should be covered by you, reimbursing the Buyer where necessary.

19.5        Refunds (whether full or partial, including reductions in price) under this Clause 17 must be issued within 14 calendar days of the day on which you agree that the Buyer is entitled to a refund.

19.6        Any and all refunds under this Clause 17 must include all delivery costs paid by the Buyer when the item(s) was/were originally purchased.

19.7        Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

 

20.            Further Transaction Cancellation Rights

20.1        You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:

20.1.1   You and the Buyer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;

20.1.2   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;

20.1.3   The Buyer has not paid; or

20.1.4   You have chosen to refuse service to the Buyer.

20.2        Refunds must be made within 7 working days of:

20.2.1   the date on which you and the Buyer agree the cancellation, under sub-Clauses 18.1.1 and 18.1.2; or

20.2.2   the date on which you inform the Buyer that you are cancelling the transaction, under sub-Clauses 18.1.3 and 18.1.4.

 

21.            Your Account Cancellation Rights

21.1        You may close your Account and cancel your agreement with Us by sending us an email to info@kraftytrade.co.uk or via the contact us form on our website.

21.2        Any outstanding sums due and payable to Us (including, but not limited to, Listing 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.

21.3        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:

21.3.1   We have breached these Terms for Sellers in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing; or

21.3.2   We go into liquidation or have a receiver or administrator appointed over Our assets; or

21.3.3   We change our service or these Terms for Sellers to your material disadvantage; or

21.3.4   We are adversely affected by an event outside of Our control [that continues for more than 30 days.] (as under sub-Clause 21.2.5).

 

22.            Our Liability to You

22.1        As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers.

22.2        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.

22.3        Subject to sub-Clause 20.2, 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.

22.4        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.

22.5        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.

 

23.            Events Outside of Our Control (Force Majeure)

23.1        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.

23.2        If any event described under this Clause 21 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

23.2.1   We will inform you as soon as is reasonably possible;

23.2.2   Our obligations under these Terms for Sellers will be suspended and any time limits that We may be bound by will be extended accordingly;

23.2.3   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;

23.2.4   If the event outside of Our control occurs [and continues for more than 30 days and you wish to exercise your right to cancel under sub-Clause 19.3.4, you may do so by contacting Us directly to cancel. Please use the following details:

Email: info@kraftytrade.co.uk

Post: Krafty Trade Ltd International House, 64 Nile Street, London, N1 7SR

Communication and Contact Details

23.3        If you wish to contact Us with general questions, complaints, issues with our marketplace or matters relating to cancellations you may contact Us by telephone at 02071013641 by email at info@kraftytrade.co.uk, or by post at Krafty Trade Ltd, International House, 64 Nile Street, London N1 7SR.

 

24.            Data Protection

24.1        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.

24.2        For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy http://www.kraftytrade.co.uk/privacy-policy/

24.3        As a Seller, you will also collect, hold, and process Buyers’ personal information in the course of transactions (for example, buyers’ names, email addresses, and postal addresses). [You must have your own privacy policy in place to govern your collection, processing, and holding of Buyers’ personal data.] Sellers are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Buyers’ rights under the GDPR. You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

24.4        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.

 

25.            Other Important Terms

25.1        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.

25.2        You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.

25.3        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.

25.4        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.

25.5        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 19.3.3.

 

26.            Law and Jurisdiction

26.1        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] [Northern Ireland] [Scotland].

26.2        If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 25.1 above takes away or reduces your rights as a consumer to rely on those provisions.

26.3        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.

26.4        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 [non] exclusive jurisdiction of the courts of [England & Wales] [Northern Ireland] [Scotland].