Terms and conditions

Please read these terms and conditions carefully as it's your responsibility to understand before purchasing and selling from this website. If you have any questions or queries then please get in touch.

Introduction

Introduction

These terms and conditions shall govern your use of our website.

By using www.smallmarket.co.uk, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use www.smallmarket.co.uk.

If you register with, submit any material to, or purchase goods from one of the Makers (Sellers) listed on www.smallmarket.co.uk we will ask you to expressly agree to these terms and conditions.

Please read these terms and conditions carefully as it's your responsibility to understand them before purchasing and selling from this website.

You must be at least 16 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

The role of smallmarket.co.uk is as a trading platform intended to operate as a link between buyers and sellers.

Copyright and licences Seller agreements

Seller Agreements

This section applies to sellers and prospective sellers.

To be eligible for an individual seller account on our website, you must be at least 16 years of age.

You may register for a seller account with our website by completing and submitting the seller registration form on our website.

Login details

If you register for an account with our website, you will be assigned a user ID and password. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your login details confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account

We may suspend, cancel or edit your account, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

You may cancel your account on our website inside the seller portal or by contacting us. You will not be entitled to any refund and must pay any monies owed if you cancel your account.

Seller shop

We reserve the right to reject, unpublish and/or delete any seller shop or product that breaches these terms and conditions.

Product listings

When you register with our website as a seller and create a shop on the website, you will be able to submit product listings to the website. Products that are submitted will be individually reviewed following submission. We reserve the right to reject, unpublish and/or delete any products that breach these terms and conditions or that do not meet any additional guidelines published on our website.

Product listings submitted to our website must be true, fair, complete and accurate in all respects and must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us. You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available. You must ensure that all prices specified in or in relation to be a listing are in pounds sterling only.

Product rules

The only products that may be the subject of a listing on our website are products falling within the selling categories. You must not use our website to advertise, buy, sell or supply services or intangible products.

You must not advertise, buy, sell or supply through our website any product that:

  • Breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
  • Consists of or contains material that would, if published on our website by you, contravene the provisions of copyright or license;
  • Is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

Fees

Small Market has the rights to change fees charge within 28 days of informing the sellers by email.

Small Market has the right to suspend your account if fees are not paid within 30 days from the date at which the invoice was generated. We have the right to commence legal action for loss of revenue.

Buyer and seller terms

Buyer and Seller Terms

You agree that a contract for the sale and purchase of a product or products will come into force between a buyer and seller on www.smallmarket.co.uk, and accordingly that the seller commits to selling the relevant product or products, in the following circumstances:

(a) A buyer must add the products they wish to purchase to the shopping basket, and then proceed to the checkout;

(b) By confirming the order a buyer consents to these terms and conditions;

(c) The buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle payment to the seller; a buyer must submit payment in full.

(d) Small Market will then send an automatically generated acknowledgement of payment to both parties;

(e) once the seller has checked whether they are able to meet the buyers order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) – or the seller will confirm by email that they are unable to meet the buyers order and seller will have to refund the complete order forfeiting any fees that they may have paid during payment processing.

Terms and Conditions of Sale

Sellers must use the website interface to create legal notices applying to their relationships with buyers, these are in the form of the shop policies.

A seller must ensure that:

  • The seller’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations; and
  • They comply with all laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

  • The price for a product will be as stated in the relevant product listing;
  • Delivery charges, packages charges, handling charges, administrative chargers, insurance cost, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;
  • Deliveries of the products must be made within 30 days following the date the contract of sales comes into force or a shorter or longer period as the buyer and seller have agreed at the point of sale;
  • Appropriate means of delivery of products must be used by the seller; and
  • Products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.

Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

Terms of use & liabilities

Terms of use and liabilities

Entire agreement

These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Acceptable use

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must ensure that all the information you supply through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Limited warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and the information and services on our website are provided to the user, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees)

Variation

We may revise this disclaimer from time to time. The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with English law. Any disputes relating to this disclaimer shall be subject to the non-exclusive jurisdiction of the courts of England.

Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our website.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

Links from our website

Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Statutory and regulatory disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Reporting

Reporting

Our details

This website is owned and operated by Monaghan Digital Ltd.

You can contact us by using our website contact form, or via email at hello@smallmarket.co.uk.

Report abuse

If any unlawful material or activity is witnessed on Small Market, or any material or activity that breaches these terms and conditions occurs on the website, please let us know by email at hello@smallmarket.co.uk. This can then be investigated and appropriate action taken.