Jewellery Discovery Seller Terms and Conditions
These terms and conditions (“Terms and Conditions”) set out the terms which govern our relationship and upon which we offer Sellers access to our Website to market and sell jewellery. When you become a Seller you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions please do not sell your jewellery on our Website.
1. Definitions
In these Terms and Conditions, the following terms and expressions shall have the following meanings:“Agreement” is a reference to the contract between a Seller and us as evidenced in these Terms and Conditions and any other documentation that we may provide to you;
“Content” is a reference to any material including but not limited to photographs, information, data, software, videos, text, music, sound, graphics, messages posted by you or Users on our Website;
“Customer” means any customer who purchases Jewellery from our Website;
“Jewellery” is a reference to the antique and vintage jewellery, watches and other items which are offered for sale by you to Customers;
“Listing Guidelines” is a reference to the guidelines issued from time to time by us to Sellers which includes those set out in these Terms and Conditions and which may be displayed on our Website or notified to you from time to time;
“Member Services” means the services we offer to Sellers to display their profile and sell their Jewellery on the Website;
“Membership Fee” means the monthly fee we charge a Seller for Membership Services and which is notified to the Seller in writing;
“Seller” means a person or entity which has registered with us to sell Jewellery on our Website;
“User” is a reference to an individual who accesses and views our Website;
“you”, “your” and “yours” is a reference to you the person or entity which has registered to become a Seller;
“we”, “us” and “our” are references to Jewellery Discovery Limited incorporated and registered in England and Wales with company number 09481544 whose registered office is at 28 Burlington Arcade London W1J ONX; and
“Website” is a reference to the website, https://jewellerydiscovery.co.uk , which is run and operated by us and on which these Terms and Conditions are displayed.
2. Registering as a Seller
2.1 We provide a venue for Sellers to promote and sell Jewellery online through our Website. To become a Seller and to receive our Member Services you will need to register your details and open an account with us. By registering with us you agree to be bound by these Terms and Conditions.
2.2 In addition to completing the application form you will also be required to pay a Membership Fee for the Member Services. A commission is taken by us for all sales of Jewellery on our Website. Further details can be found in the Fee section below.
2.3 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information must be notified to us as soon as possible.
2.4 If your application is successful we will notify you and provide you with login details in order to access your account. You will be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.5 You agree that in becoming a Seller we may, either by ourselves or through a third party,
– approach Customers to obtain feedback on the Jewellery that you have sold to Customers, and
– publish feedback and ratings on you obtained from Customers on our Website. (We cannot be held liable for any derogatory or negative feedback received from Customers. If the majority of feedback is negative then we may remove you as a Seller.)
2.6 Sellers must comply with all laws and regulations (in particular, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act, 2015) concerning online trading including providing details of cancellation terms and delivery and refund policies. For the avoidance of doubt, Sellers do not receive protection afforded under the Consumer Protection (Distance Selling) Regulations 2000 and the Sale of Goods and Supply of Services Act, 1979 as amended in relation to this Agreement.
3. Membership Services
3.1 We operate an online marketplace platform which enables Sellers to market and sell Jewellery to Customers. When you register as a Seller with us you appoint us to act as your commercial agent to conclude sales with Customers, arrange shipping and to collect payment from Customers all on your behalf and in accordance with these Terms and Conditions.
3.2 Any contract to sell and buy Jewellery is made only between you and the Customer concerned and we are not a party to any such contract.
3.3 We enable Sellers to advertise, negotiate and sell Jewellery to Customers through the use of our Website and communication services operated and managed by us. We undertake regular promotion and advertising of the Website and the Jewellery displayed on the Website, all of which form part of the Membership Services we provide.
3.4 As part of the services that we provide to you we will upload details and descriptions of Jewellery which you have provided to us to sell. You consent to our using Content which you have provided to us for the purposes of selling Jewellery and you agree that we may alter Content so that it is more suited to the marketing style of the Website. You also agree that we may access and copy content which is displayed on your website where we consider that this will enhance the marketability of the Jewellery.
4. Seller Obligations
4.1 You shall use reasonable endeavours to comply with all relevant legislation and regulations, including the Consumer Rights Act 2015, the Sale of Goods and Supply of Services Act, 1979 as amended, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Protection (Distance Selling) Regulations 2000.
4.2 Jewellery which is offered for sale on the Website will be inspected by us in advance of it being made available on the site.
4.3 All Jewellery which you offer for sale must comply with our Listing Guidelines.
4.4 It is your responsibility to ensure that you provide us with an accurate description of all Jewellery which you want to advertise on the Website. Each description that you provide to us must include the sale price and make clear whether or not the sales price is inclusive of VAT. You are solely responsible for ensuring that all descriptions and pricings provided to us are accurate as we cannot be held liable for any errors or omissions.
4.5 We reserve the right to refuse to list Jewellery or to de-list Jewellery which we consider in our absolute discretion are not suitable for the Website or our business.
4.6 You must notify us immediately of any errors or omissions that you identify when your listing is displayed on the Website and any corrections which are necessary.
4.7 You shall provide us with sufficient photographs of the Jewellery to be advertised on the Website. You shall use all reasonable endeavours to ensure that such photographs represent an accurate portrayal of the product, are of high definition and well lit.
4.8 You agree to co-operate fully with us in all matters relating to the advertising of Jewellery.
4.9 You must notify us as soon as possible, and at least within 24 hours, of any Jewellery being discontinued, withdrawn, suspended, delayed, out of stock or in any other way made unavailable to potential Customers. You shall, upon our request, provide an explanation of the nature, cause and extent of such delays and where possible provide us with an estimated date of future availability. You are required to provide us with a stock update once every two weeks. Once an item of Jewellery is sold you will be notified by us.
4.10 You must not do, or permit to be done, either acting by yourself or through any agents or employees, any act or omission that causes us to be in breach of any regulation or legislation or which negatively affects our business reputation or causes us harm.
4.11 You must maintain any and all necessary licences and consents which are required for you to sell Jewellery.
4.12 The Supplier shall provide a full indemnity (including legal fees and expenses) to the Operator for any claim made by a third party against the Operator that arises out of, or in connection with, the sale of products or provision of services by the Supplier as advertised or communicated to the public by the Operator as a result of the terms of this agreement. Such indemnity shall include the costs of and occasioned by such a claim incurred by the Operator in defending such an action; as well as any damages, costs, fees etc. awarded to or negotiated with the third party by or on behalf of the Operator in good faith. The indemnity shall also include any fines, penalties, or other punishment as ordered by a Court or appropriate authority for any breach of law, legislation, statute, regulation etc, whether local, UK or international.
5. Listing Guidelines
5.1 When you list Jewellery for sale on the Website you agree to follow these guidelines:
5.1.1 The Jewellery listed must be of good quality and of genuine interest and value to Customers;
5.1.2 Full details about the Jewellery must be included in the description including, where applicable, size, hallmarks, condition and history;
5.1.3 The Seller must be legally authorised to sell the Jewellery at the time of listing;
5.1.4 You must ensure that your description of the Jewellery is not false, inaccurate or misleading and complies with the British Code of Advertising Practice in all respects;
5.1.5 Any description or Content provided by you must not include any hyperlinks unless specifically authorised by us in writing;
5.1.6 You must not infringe someone else’s copyright or intellectual property when listing Jewellery or providing us with Content. Jewellery which is an unauthorised copy, replica or counterfeit is prohibited;
5.1.7 You should not use any names, logos and trademarks unless owned by you or are used by you under licence;
5.1.8 You must be legally entitled to display any graphics or other Content which you have provided to us to use on the Website;
5.1.9 We reserve the right to alter, amend or withdraw any listing at any time where we consider it appropriate to do so; and
5.1.10 Any special terms or conditions which you wish to draw to the Customer’s attention must be displayed when you provide us with details of the Jewellery.
5.2 A failure to follow the Listing Guidelines may result in immediate cancellation of the Membership Services and you will no longer be entitled to sell Jewellery on the Website. In some cases a failure to follow these guidelines may result in you being reported to the police.
6. Membership Fees
6.1 In order to receive the benefit of the Membership Services you are required to pay a Membership Fee (plus VAT) which is payable in advance of each month. Membership Fees may be paid either by direct debit or by credit card and are non-refundable. The applicable Membership Fees are displayed on the Website and are correct at the time of publication. We reserve the right to increase the Membership Fee on an annual basis and you will be notified in advance of any proposed increase.
6.2 All Membership Fees quoted are exclusive of value added tax shall be added.
6.3 In the event that you elect to pay the Membership Fee by credit card we will automatically bill you using the same credit/debit card details you provided to us.
6.4 No refunds will be provided for unused periods of service.
7. Sales Commission
7.1 In consideration for managing the sale of Jewellery on your behalf on the Website we shall be entitled to receive a commission at the agreed rate plus VAT which shall be deducted from the VAT inclusive sum collected from the Customer.
7.2 Any changes to our commission rates will be published on the Website and will apply to all transactions processed from the date the new rates are published.
7.3 Where you have agreed a trade price for an item of Jewellery, we shall be entitled to charge a mark up on a piece of Jewellery which we shall be entitled to retain and we shall pay you the agreed trade price.
8. Sales Remittance
8.1 We will process the sale of Jewellery sold through the Website to Customers. Payment for Jewellery sold less our commission and, if applicable, delivery charges, will be paid to you by us within 30 days after Jewellery sold has been despatched by us to the Customer provided that the Customer has not cancelled the order, returned the items to us, the Jewellery sold is not faulty or damaged, the order is complete and the Customer has not raised a dispute with us regarding the Jewellery. In the event one of these events has occurred no payment will be made to you until the issue is resolved to the satisfaction of the Customer or, in the case of a cancelled order, no payment will be paid to you.
8.2 In order to receive payments you will be required to provide us with details of your nominated bank account. Payments will be made into this account less our commission and charges which we will deduct from the sales proceeds in accordance with clause 7.1.
8.3 Refunds for goods which have been returned after the cancellation period will either be deducted against any proceeds owed to you or invoiced to you, as appropriate. The commission which has been paid to us will not be refunded to you.
9. Customer Refunds and Cancellations
9.1 Customers will be entitled to the benefit of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act, 2015. We will notify you if we receive notification from a Customer that he/she wishes to exercise the right to cancel an order and the order will be cancelled immediately by us.
9.2 Our Customer refund, returns and cancellation policies will be clearly displayed on the Website and will comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act, 2018 and any relevant updates.
10. Delivery to Customers
10.1 We shall despatch all Jewellery sold to Customers within 3 days of the Customer placing the order.
10.2 Delivery will be made using a reputable courier (usually either Fedex or DHL) or postal service for the delivery service selected by the Customer to the address specified by the Customer. All Jewellery despatched by us will be insured against loss and theft.
10.3 Depending upon the option you have selected on the Membership Services application form delivery charges will either be charged to the Customer along with the price for the Jewellery or will be charged to you in addition to the commission charged under clause 8.1.
10.4 Delivery charges will be clearly displayed on our Website.
11. Complaints
Complaints made by Customers concerning the Jewellery sold by you through our Website will be handled in accordance with our Customer Complaints Policy which will be provided to you upon request. In the event any dispute arises between a Customer and a Seller concerning Jewellery sold we will liaise with both parties to try to resolve the dispute amicably and any decision we make concerning the dispute shall be final and binding on the Seller.
12. Membership Services Cancellation
12.1 You may cancel your membership at any time by giving us 3 months’ notice in writing which you may give at any time. You will not be entitled to a refund of any Membership Fee that you may have paid.
12.2 We reserve the right to cancel or suspend your membership or authority to use our Website at any time by giving you notice in writing should we reasonably consider or suspect that you have acted in breach of these Terms and Conditions or the Listing Guidelines.
13. Late Payments
13.1 Failure to pay any amounts which are owed to us on time may result in late payment charges which shall be calculated in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the payment was originally due until the date of actual payment.
13.2 We reserve the right to charge an administration fee for any late payment notices which are sent to you.
13.3 If we are not paid an invoice we may instruct a debt collection agency or law firm to collect any amounts owing (including any interest and/or late payment charges). In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that it may have to pay the debt collection agency or law firm, who will add the sum to the outstanding debt.
14. Intellectual Property Rights
14.1 Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. The collection, arrangement and assembly of all content on the Website is the exclusive property of Jewellery Discovery Ltd and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
14.2 You are not permitted or licensed to reproduce, copy or use in any way the trade marks, logos and other intellectual property rights that we own except as expressly set out in these Terms and Conditions.
14.3 You warrant that you are the legal owner of, or legally authorised to use, the intellectual property rights in any Content that you provide to us to display on our Website. You retain any intellectual property rights in the Content that you post to the Website and you grant to us, our successors and assigns, an irrevocable, perpetual, royalty free, worldwide, non-exclusive, fully paid licence to reproduce, copy, translate, distribute, commercially exploit or otherwise use such Content.
15. Your Information
15.1 Where we have requested information from you to provide the Membership Services, you agree to provide us with accurate, up to date and complete information.
15.2 We reserve the right to verify with third parties the accuracy of information that you provide to us.
15.3 You authorise us to use, store or otherwise process your personal information in order to provide the Antiques or services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Membership Services to you.
16. Limitation of Liability and Indemnity
16.1 We disclaim any and all liability to you for the supply of the Membership Services we provide to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any subscription fee that you may have paid to us in respect of the relevant Membership Services out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
16.2 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or for any services we may provide to you.
16.3 We shall not be held liable for any misrepresentations other than fraudulent misrepresentations.
16.4 Your use of the Website and the Membership Services is without any warranty or guarantee of sales and is entirely at your own risk.
16.5 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
16.6 We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy
16.7 We shall not be held liable for any failure or delay in performing this Agreement where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
16.8 You hereby agree to fully indemnify us on demand and hold us harmless against any losses, damages, costs (including all reasonable legal and administrative costs) and expenses, including all consequential losses such as loss of profit, loss or damage to goodwill or reputation, and/or loss from claims of third parties or any Customers suffered or incurred by us as a result of (i) your breach of these Terms and Conditions, (ii) any Content that you upload to the Website and/or (iii) the supply or failure to supply Jewellery to a Customer.
17. General
17.1 We may subcontract any part or parts of our performance of this Agreement from time to time and we may assign or novate any part or parts of our rights and obligations under this Agreement without your consent or any requirement to notify you.
17.2 We reserve the right to cancel or suspend this Agreement or your authority to use our Membership Services or our Website at any time
17.2.1 should we reasonably consider or suspect that you have acted in breach of these Terms and Conditions or the Agreement;
17.2.2 should we reasonably consider or suspect that you have damaged or harmed (or intend to damage or harm) our reputation or goodwill;
17.2.3 if the Seller is declared bankrupt or insolvent or a petition is granted for its winding up or makes any arrangement with or for the benefit of its creditors; or
17.2.4 where we have received negative feedback from a Customer concerning you or the Jewellery provided by you.
17.3 We may alter or vary the Terms and Conditions at any time. Any changes will be notified to you 30 days in advance of the change coming into effect.
17.4 This Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
17.5 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
17.6 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
17.7 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
17.8 It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
