PUPPY POST THE MARKET

TERMS OF SERVICE & TERMS OF USE

Individual Marketplace Terms of Service:

Welcome to Puppy Post The Market! We operate a social marketplace which allows you to buy and sell items using our website. Have a good time, and remember our house rules!

1. Introduction

1.1 Welcome to the Puppy Post The Market platform (the 'Site'). We'll refer to our website and other services as our "Services", and Puppy Post The Market will be addressed individually or collectively as "Puppy Post The Market", "we", "us", or "our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.

1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'.

1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.

1.4 Our services include an online platform service that provides a place and opportunity for the sale of goods or services between the buyer ("Buyer") and the seller ("Seller"), collectively known as "Users" or "Parties". The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.

1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.

1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

2. Privacy

2.1 We know your personal information is important to you, so it's important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.

2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.

3. Your Account

3.1 You'll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:

3.1.1 You must be 18 or older to use our Service. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

3.1.2 Be honest with us, and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.

3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure.

4. Limited License

4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Puppypostthemarket and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.

5. Your Content

5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.

5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.

5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.

5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.

5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.

6.2 You are responsible for paying all fees that you owe to us You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.

6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.

6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.

6.5 If you believe a User on our Site is violating these terms, please contact us.

7. Purchase and Payment

7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels may vary depending on the jurisdiction you are in.

7.2 All sales on the platform are biding. The seller is obligated to complete the transaction with the buyer in a prompt manner unless an exceptional circumstance arises.

8. Seller Commission (Where applicable)

8.1 The seller of any item/service will pay us a commission on the total transaction amount received by the seller (including taxes, if any and shipping costs for any of the transactions made on our Site.

8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.

8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your buyer's location. All payment processing fees will not be included in seller commission that we charge.

9. Seller's Responsibilities

9.1 Sellers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.

9.2 The pricing of items/services for sale are determined by the Seller at his/her own discretion. The price of an item and shipping charges will include any additional charges such as sales tax, value-added tax, tariffs etc. Sellers will not charge Buyer such amounts additionally and separately.

9.3 Sellers are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.

9.4 Sellers will issue additional receipts, credit card slips or tax invoice s to Buyer on request.

10. Disputes with Other Users

10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.

10.3 Whether you are a Buyer or a Seller of an item/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.

10.4 Disputes as a Buyer

10.4.1 Disputes as a buyer must be directed directly to the merchant you have purchased from. Puppy Post (holdings) Limited, will remain impartial to disputes between sellers and buyers. We may in good faith try to help gain a resolution, but we will in no way be or accept liability for disputes between buyers and sellers.

10.5 Disputes as a Seller

10.5.1 As a seller, we encourage you to communicate actively with your buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes.

10.5.2 As a seller the dispute with a buyer is directly and solely between the seller and buyer. Puppy Post (Holdings) Limited will remain impartial and non liable for any disputes. 

11. Disputes with Us

11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

11.1.1 Governing Law. The Puppypostthemarket's local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.

11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.

12. Changes to the Terms

12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

12.2 We may from time to time revise the Terms of Service but the most current version will always be at this link.

12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.

12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

13. Prohibited Items/ Services

Puppy Post The Market  is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.

It is the Seller's responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For Seller's convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.

If an item/service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action

The following types of items are prohibited:

i. Alcohol

ii. Tobacco products, smokeable products, e-cigarettes and e-liquid

iii. Drugs and drug paraphernalia / CBD Oils and Hempseed oils

iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.

v. Live animals and insects

vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals

vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.

viii. Human beings, human remains, body parts and items made from human remains, except for hair

ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous

x. Items or listings that promote, support or seek to engage users in illegal activity

xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation

xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks

xiii. Counterfeit items

xiv. Unauthorized resale of tickets

xv. Stolen or Illegal goods

xvi. Illegal services not limited to prostitution

xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures

xviii. Used undergarments and intimate items

xix. Recalled items or items that present unreasonable risk of harm

xx. Mislabeled goods

And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.

If you see a listing that violates our policies, please contact us.

14. Contact, feedback and complaints

If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

 

PUPPY POST THE MARKER TERMS OF USE

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website,  www.puppypost.co.uk and www.puppypostthemarket.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to Our Terms for Sellers or Terms for Buyers for more information.

1. Introduction

1.1 Welcome to the Puppy Post The Market platform (the 'Site'). We'll refer to our website and other services as our "Services", and Puppy Post The Market will be addressed individually or collectively as "Puppy Post The Market", "we", "us", or "our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.

2.  Information About Us Our Site is owned and operated by Puppy Post (Holdings) Limited, Registered address / Main trading address: 47 Broadfields Avenue, Edgware, Middlesex, HA8 8PF  

 

3.Access to Our Site

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

3.2 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 of Use, Our Terms for Buyers, and Our 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 Accounts

4.1 Certain parts of Our Site (including the ability to buy and sell through the Marketplace) require an Account in order to use them.

4.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age but over 16 years of age, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We require that you choose a strong password for your Account, consisting of "a combination of lowercase and uppercase letters, numbers, and symbols".

4.5 It is your responsibility to keep your password safe. You must not share your Account with anyone else.

4.6 If you believe your Account is being used without your permission, please contact Us immediately at info@puppypostthemarket.com We will not be liable for any unauthorised use of your Account.

4.7 You must not use anyone else’s Account.

4.8 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.9 If you wish to suspend or delete your Account, you may do so at any time by contacting us at info@puppypostthemarket.com If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site (where applicable). If you suspend your Account, nothing will be deleted, but you and your User Content will cease to be visible to other Users on Our Site. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access and remove all your listings. 

 

5. Intellectual Property Rights and Use of Our Site

5.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3You may:

5.3.1 access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);

5.3.2 download Our Site (or any part of it) for caching;

5.3.3 print one copy of any pages from Our Site;

5.3.4 download extracts from pages on Our Site; and

5.3.5 save pages from Our Site for later and/or offline viewing.

5.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.

 

6. User Content

6.1 User Content on Our Site includes (but is not limited to) Photos and text.

6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.3 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 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.5 If you wish to remove User Content, you may do so by following the instructions provided on request via emailing info@puppypostthemarket.com. We will use reasonable efforts to remove the User Content from Our Site. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6 We may reject, reclassify, or remove any User Content from Our Site where in violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1you do so in a fair and legal way;

7.1.2you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

7.1.3you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

7.1.4you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2 You may not link to any page other than the homepage of Our Sites www.puppypost.co.uk and www.puppypostthemarket.com. Linking to other pages (known as “deep linking”) requires Our express written permission. Please contact Us at info@puppypostthemarket.com for further information.

7.3 Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at info@puppypostthemarket.com for further information.

7.4 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

7.4.1 is sexually explicit;

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

7.4.3 promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

7.4.5 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;

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

7.4.7 is calculated or is otherwise likely to deceive another person;

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

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

7.4.11 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

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

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Third Party Advertising

9.1 We may feature Third Party Advertising on Our Site.

9.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3 We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising]. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

 

10. Disclaimers and Legal Rights

10.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

11. Our Liability

11.1 Please note that the provisions of this Clause 11 are subject to Our Terms for Buyers and Terms for Sellers https://www.puppypost.co.uk/terms-conditions

11.2To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

11.3To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that my apply to Our Site or to any Content (including User Content) included on Our Site.

11.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

 

12. Viruses, Malware, and Security

12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5, subject to sub-Clause 10.2.

12.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

13 Acceptable Usage Policy

13.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:

13.1.1 you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;

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

13.1.3 you must not use Our Site 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; and

13.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2 When using Our Site, you must not communicate or otherwise do anything that:

13.2.1 is sexually explicit;

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

13.2.3 promotes violence;

13.2.4 promotes or assists in any form of unlawful activity;

13.2.5 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;

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

13.2.7 is calculated or is otherwise likely to deceive;

13.2.8 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;

13.2.9 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 13.2);

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

13.2.11 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

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

13.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

13.3.1 removing your User Content from Our Site;

13.3.2 issuing you with a written warning;

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

13.3.4 further legal action against you as appropriate;

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

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

13.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

 

14 Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy and Cookie Policy, available from https://www.puppypost.co.uk/privacy-policy

15 How We Use Your Personal Information (Data Protection)

15.1 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.

15.2 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 https://www.puppypost.co.uk/privacy-policy.

 

16 Communications from Us

16.1 If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms for Sellers, Terms for Buyers, Privacy Policy, or Cookie Policy; and changes to your Account.

16.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 29 days for Us to comply with your request. During that time, you may continue to receive emails from Us.

 

17 Contacting Us

To contact Us, please email Us directly at info@puppypostthemarket.com or using any of the options provided on Our contact page https://www.puppypost.co.uk/contact.

 

18 Changes to these Terms of Use

18.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

18.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

 

19 Law and Jurisdiction

19.1 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.

19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3 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. 

19.4 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.

TERMS FOR SELLERS

BACKGROUND:

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 create your account. 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.

1. Introduction

1.1 Welcome to the Puppy Post The Market platform (the 'Site'). We'll refer to our website and other services as our "Services", and Puppy Post The Market will be addressed individually or collectively as "Puppy Post The Market", "we", "us", or "our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.

2 Information About Us

Our Sites are owned and operated by Puppy Post (Holdings) Limited, a limited company registered in England and whose main trading address is 47 Broadfields Avenue, Edgware, Middlesex, HA8 8PF.

 

3 Access to and Use of Our Site

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

3.2 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.

3.3 Use of Our Site is also subject to Our Terms of Use and Terms for Buyers. 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.

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 We do not pre-screen Sellers or any items that you advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and

5.4 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 The following are permitted on Our Marketplace:

i. New Items

Ii. Pet and home related items

6.2 The following are not permitted on Our Marketplace:

The following types of items are prohibited:

i. Alcohol

ii. Tobacco products, smokeable products, e-cigarettes and e-liquid

iii. Drugs and drug paraphernalia / CBD Oils and Hempseed oils

iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.

v. Live animals and insects

vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals

vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.

viii. Human beings, human remains, body parts and items made from human remains, except for hair

ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous

x. Items or listings that promote, support or seek to engage users in illegal activity

xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation

xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks

xiii. Counterfeit items

xiv. Unauthorized resale of tickets

xv. Stolen or Illegal goods

xvi. Illegal services not limited to prostitution

xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures

xviii. Used undergarments and intimate items

xix. Recalled items or items that present unreasonable risk of harm

xx. Mislabeled goods

And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.

If you see a listing that violates our policies, please contact us. 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 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 subject to sub-Clause 7.6, photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;

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, stating that the photographs provided are examples only;

7.7 your listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates [or brackets] where it is not possible to calculate them in advance;

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, 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;

7.10 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;

7.11 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);

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

 

8 Intellectual Property Rights

8.1 The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace whether in Listings or as digital content for purchase by Buyers.

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 info@puppypostthemarket.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 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);

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

9.1.3  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;

9.1.4 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;

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

9.1.6 you must not charge excessively for delivery to Buyers;

9.1.7you 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

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

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 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:

9.3.1 removing or edit  your Listing(s) from Our Marketplace;

9.3.2 issuing you with a written warning;

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

9.3.4 further legal action against you as appropriate;

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

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

9.4 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.

10  Sign up Fees Listing Fees and Transaction Fees

10.1 You agree to pay your application fee and if applicable, monthly, 6 monthly or yearly subscription on time within the period you have agreed to sign up to.

10.2 Failure to make payment within the timeframe provided will lead to your account being closed automatically without notice 30 days after the date the payment was originally due.

10.3 You agree to pay the payment processing fees as outlined by our secure payment provider, Stripe.

10.4 Listing Fees of £0 per Listing are charged when submitting a new Listing and/or when renewing an existing Listing.

10.5 A Transaction Fee of 0% of the price of each item sold will apply to each sale. Transaction Fees are calculated based only on the price of an item, not on additional sums such as delivery charges.

10.6 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.

 

11 Payment Service

11.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe Connect, Our Third Party Payment Service Provider.

11.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and 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.

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 and you can find out more details:

11.4.1 https://stripe.com/payment-terms/legal  /  https://stripe.com 

11.5 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.

11.6 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, their payment will be transferred VIa Stripe connect directly into your designated bank account within 7 to 14 days.

12.4 If a Buyer does not pay, you may cancel the transaction. Please refer to Clause 18 for more information on your cancellation rights.

12.5 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. Payments to Us

13.1 We will send you bi monthly statement and invoice by email showing all amounts due to Us in addition to any amounts already paid (such as Listing Fees) over the month since the previous statement. Statements and invoices can also be viewed in your Account.

13.2 All sums due must be paid in full within 7days of the date of Our invoice.

13.3 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

13.4 We accept the following payment methods:

13.5 Bank Transfer or Online Payment via Stripe Connect.

13.6 If you do not make any payment due to Us on time, We will suspend any Listings you have on Our Marketplace and may, in addition, suspend or terminate your Account on Our Site. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

13.7 If you believe that We have charged you an incorrect amount, please contact Us at info@puppypostthemarket.com as soon as reasonably possible to let Us know.

 

14 Taxes

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

14.2 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.

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

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

14.5 If you sell digital items through Our Marketplace, We may automatically collect VAT on those items. For further information on VAT and other taxes in your location, please contact your local tax authority.

15 Delivery

15.1 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. Unless this is a Pre Order by Item. Then the Item must be dispatched when agreed with the buyer. 

15.2 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.

15.3 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.

15.4 You must provide an accurate ships-from address on your packaging.

15.5 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 of your choice.

15.6 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.

15.7 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.

15.8 If you offer a pick- up option this must be agreed with the buyer and it at both parties own risk.

16. Buyers’ Rights to Cancel and Return Items, 

16.1 All buyers rights and sale agreements are between the merchant / seller and buyer. Puppy Post )Holdings)Limited is on no way liable for any sale, delivery of items services or good, or disputes between seller and buyers. Buyers will be directed to sellers for all disputes. 

17. Problems with Transactions and Buyers’ Rights

17.1 By law, you must provide 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).

17.2 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:

17.2.1 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.

17.2.2 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.

17.2.3 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.

17.3 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.

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

17.4.1 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;

17.4.2 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

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

17.4.4 We provide a cancellation form on Our Site <

17.5 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.

17.6 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.

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

 

18.Further Transaction Cancellation Rights

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

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

18.1.2 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;

18.1.3 The Buyer has not paid; or

18.1.4 You have chosen to refuse service to the Buyer.

18.2 Refunds must be made within 30 days of:

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

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

19. Your Account Cancellation Rights

19.1 You may close your Account and cancel your agreement with Us by letting us know in writing. Please email info@puppypostthemarket.com

19.2 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.

19.3 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:

19.3.1 We have breached these Terms for Sellers in a material way and fail to remedy the breach within 30 days of you asking Us to do so in writing; or

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

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

19.3.4 We are adversely affected by an event outside of Our control 30 days (as under sub-Clause 21.2.5).

20 Our Liability to You

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

20.2 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.

20.3 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.

20.4 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.

20.5 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.

 

21 Events Outside of Our Control (Force Majeure)

21.1 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: platform service provider closing 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, pandemic or other natural disaster, or any other event that is beyond Our reasonable control. O

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

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

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

22.2.3 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 continues for more than 30 days  We may issue a listing refund or extend your listing time;

23.2.5 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 closing your account. If you would prefer to contact Us directly to cancel, please use the following details:

Email: info@puppypostthemarket.com

Post: Puppy Post (Holding) Limited 47 Broadfields Avenue, Edgware, Middlesex, HA8 8PF

If any refunds due to you as a result of your cancellation under sub-Clause 21.2.5 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.

 

22 Communication and Contact Details

22.1 If you wish to contact Us with general questions or complaints, you may contact Us by email: info@puppypostthemarket.com or in writing to 47 Broadfields Avenue, Edgware, Middlesex, HA8 8PF.

22.2 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: info@puppypostthemarket.com or in writing to 47 Broadfields Avenue, Edgware, Middlesex, HA8 8PF.

22.3 For matters relating to cancellations, please contact Us by telephone at by email: info@puppypostthemarket.com or in writing to 47 Broadfields Avenue, Edgware, Middlesex, HA8 8PF. or by post at <

23. Data Protection

23.1 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.

23.2 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 & Cookie Policy https://www.puppypost.co.uk/privacy-policy 

23.3 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.

23.4 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.

 

24. Other Important Terms

24.1 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.

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

24.3 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.

24.4 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.

24.5 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.

 

25 Law and Jurisdiction

25.1 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.

25.2 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.

25.3 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. 

25.4 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.Website

26  By listing an item for sale on Puppy Post The Market, you authorise us to use the photographs, and product details as part of our marketing and promotional material. 

 

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