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GENERAL

You must be 18 years of age or older or you will not be able to enter a legally binding contract to buy or sell via High Glamour website If you register membership as a business [as a sole trader or partnership] on High Glamour website you must guarantee that you personally have the authority of the business to agree to the terms of use. These terms shall be governed by and interpreted in accordance with the law of England and Wales.

BEHAVIOUR

You must not use High Glamour website for any illegal or unauthorized purpose, and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdictions.

You must not breach any laws, sell any counterfeit items, or otherwise infringe the copyright, trademark, or other rights of third parties.

You must not threaten, intimidate, harass, or otherwise abuse any other High Glamour user.

You are responsible for maintaining that the content you submit is your own and is not owned by others.

You are solely responsible for your behaviour and conduct on High Glamour website including use of all content and data including images [graphics and photos], audio and video clips, links, and text that you post to the High Glamour website.

You must not modify or adapt or ‘hack’ High Glamour website or seek to create another website or communication to users that implies it is associated to High Glamour

You must not produce unwanted communications [spam] to other users of High Glamour

You are responsible for keeping your password secure.

You must not transmit or seek to transmit any viruses or any code that seeks to alter the behaviour of the High Glamour site or that is in any way destructive.

LIABILITY

Under no circumstances will High Glamour Ltd be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of High Glamour site regardless of the form of action.

GOODS FOR SALE – HANDMADE

If you seek to sell products, then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller.

CONTENT AND COPYRIGHT.

You [“the vendor”] in using High Glamour website allow High Glamour ltd the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for High Glamour ltd to use this content both on and offline.

You must not post, list, or upload false, inaccurate, misleading, or defamatory content (including personal information).

You must not copy, modify, or distribute High Glamour ltd copyrighted works or trademarks, or other content from the Site, without our express consent.

High Glamour ltd may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that High Glamour ltd determines to be unlawful, offensive, threatening, libellous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines.

By submitting your content you grant High Glamour ltd a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in High Glamour ltd Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].

Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify High Glamour ltd against all legal fees, damages and other expenses that may be incurred by High Glamour ltd as a result of your breach of the above warranty.

DATA AND PRIVACY.

You must not collect information about users, including email addresses, without their express consent.

You must not hold multiple accounts in order to sell the same goods, as this constitutes ‘spam’ and unfair manipulation of the High Glamour website.

You must not solicit for new business on High Glamour site or use it to send unsolicited communications except to ask or inform others about High Glamour business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).

CHANGES TO THE SERVICE.

High Glamour ltd retains the right to terminate or change the service for any reason at any time without notice.

High Glamour ltd retains the right to modify the Terms of Use at any time. High Glamour ltd will inform registered users by email of any changes to the Terms of Use.

High Glamour ltd retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

MARKETING AND LINKING.

You shall not link out from High Glamour site to your own shop or other selling platform. High Glamour site is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.

FEES

We charge 7% sales commission on the selling price of all items; Commission is not charged on postage.

Vendor fees for orders placed through PayPal are taken at the Point of Sale by PayPal. There may be a delay of up to 3 days before payments are transferred.

SALES POLICY FOR VENDORS.

GENERAL

The sales contract is between each individual “seller” and the “buyer”. High Glamour ltd provides a service to facilitate that contract but is not responsible for it or its fulfilment.

SELLING

All sellers agree to abide by the Consumer Contracts Regulations:

http://www.legislation.gov.uk/uksi/2013/3134/contents/made

This legislation protects the consumer when buying over the internet or by mail order and applies to all member states of the EU.

High Glamour ltd aims to make it easy for sellers to comply with this legislation and consumer law; however, all compliance is the responsibility of the seller.

Sellers must post items purchased within three (3) working days of receiving payment unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be authenticated, in which case sellers must notify sales@highglamourstore.com

All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g., email) with the buyer.

RETURNS POLICY

In using High Glamour website, sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g., proof of postage), whichever is sooner.

Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage.

Please note: Unless faulty, the following types of items are non-refundable: items that are personalized, bespoke, or made-to-order to your specific requirements; items which deteriorate quickly (e.g., food), personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken

CANCELLING A TRANSACTION

The buyer must inform the seller if they wish to cancel the order and they must do this in writing (email is sufficient). Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g., proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.

If you break the above terms, then your account will be suspended and possibly terminated. High Glamour ltd seeks to promote legal activity and well-behaved conduct on its site however, you understand and agree in using the site that High Glamour is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use High Glamour at your own risk.

Legal Information: what sellers need to comply with

High Glamour site is a platform for people/businesses to sell to buyers. The legal contract for the purposes of any transaction between a buyer and a seller rests with the buyer and the seller and not High Glamour ltd.

This article sets out the key things you need to know and do as a seller to comply with UK law.

Compliance with the Consumer Contracts (previously Distance Selling) Regulations

Some of the key requirements for sellers are set out in the Consumer Contracts Regulations (previously the Distance Selling Regulations). This legislation sets out the legal requirements for distance selling and selling online. As a Seller on High Glamour website, you are legally bound by these regulations which form part of the legal rights of the consumer.

As a seller on High Glamour website, you agree to comply with relevant UK law by:

Providing delivery details. The standard postage terms for High Glamour are 3 days. If your item is not able to be posted in 3 days, then you must state when it will be posted – this should be in the item description. All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g., email) with the buyer.

Stating your business address (even if this is your home address). This information is provided in the email to the buyer so you should make sure you have added your address on your shop set up / edit screen (via your dashboard). The buyer has a legal right to this information, and it is not optional. If you don’t provide it, you are trading illegally.

Cancellation of the transactions. The buyer must inform you if they wish to cancel the order and they must do this in writing (email is sufficient). Please contact the buyer to organise the return of the goods. Upon receipt of the returned goods, or evidence from the buyer that they have sent the goods back (whichever is soonest), you must provide a full refund of the cost of the item and any postage costs within 14 days. You have a right to deduct monies from refunds where goods “show signs of unreasonable use leading to diminished value”. You cannot usually deduct for removal of packaging to inspect the item, but you can deduct for damage or wear and tear where the item has not just been checked but used. Custom orders are exempt from cancellation unless faulty.

Returns policy for goods that are not faulty. In using High Glamour website, you agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to 14 days after receipt of the items and a refund must be made within 10 days of you receiving the returned goods, or proof of the buyer has sent the goods back (whichever is soonest). The buyer pays for the cost of return postage. Custom orders are exempt from cancellation unless faulty.

Returns policy for faulty goods. The consumer has a right to return goods if they develop a fault up to 30 days after receipt of the goods. Depending on the circumstances, the buyer may be entitled to a free repair, replacement or a full or partial refund.

If the item is lost in transit, then, unless you can prove otherwise, you assume the contract is terminated and you must provide a refund or re-deliver the same item.

FURTHER INFORMATION

The Consumer Contracts Regulations (Gov.uk)

Guide to Online and Distance Selling for Businesses (Gov.uk)

Consumer Contracts Regulations (Which?)

Citizens Advice Bureau on Consumer Rights Act 2015

Further help

The best source of advice is your local Trading Standards Service which can be contacted through the Trading Standards website.

Regulation around certain types of goods

All High Glamour sellers must comply with UK product legislation, including the following:

THE GENERAL PRODUCT SAFETY REGULATIONS

The Toy Safety Regulations

The EU Regulation 1223/2009 (Cosmetics Regulation)

The Furniture and Furnishings Fire Safety Regulations

The Hallmark Act 1973

The Nickel in Jewellery Regulations

The Food Imitation Safety Regulations

The Food Hygiene Regulations

In all cases, you should make sure your work complies with the above legislation. If in doubt, contact your local trading standards office.

COSMETICS

If you want to sell handmade soaps, scrubs or bath bombs you MUST ensure your products comply with the EU Regulation 1223/2009 (Cosmetics Regulation), even if you only intend to sell on a very small scale. This remains the current legislation covering the production and sale of soap in the UK. The aim of the legislation is to protect the public as well as the maker.

Cosmetics are defined as “any substance or preparation intended to be placed in contact with the various external parts of the human body with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours, protecting them, or keeping them in good condition” as stated in the The Cosmetics Products (Safety) Regulations 2008. This covers bath bombs, scrubs and soaps that are allowed for sale on High Glamour ltd.

If you sell cosmetics, you should contact your local trading standards office to find out how you can comply with the regulations (which covers use of different ingredients as well as labelling).

Toys

A toy is “any product or material designed or clearly intended for use in play by a child of less than 14 years of age” as stated in The Toys (Safety) Regulations 1995. You should contact your local trading standards office to clarify what you need to do to comply with the regulations (there are a couple of different routes you can take both of which require certification).

Toy Manufacturers and their responsibilities.

You can find more information on your legal responsibilities as a seller and manufacturer here www.gov.uk/guidance/product-safety-for-manufacturers

We’ve tried to abide by the policies set out by the Campaign for Plain English. If you have any questions relating to our Terms of Use or suggestions on how to improve them, please contact us.

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