ORGANICS.COM TERMS & CONDITIONS:
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
Organics Marketplace is a Venue
Organics acts as a venue to allow users, who comply with Organics policies to offer, sell and buy certain goods with a fixed-price format. Organics is not directly involved in the transactions between buyers and sellers. As a result, Organics has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of the buyers to pay for items.
Organics does not pre-screen users or the content or information provided by users. Organics cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Organics does not transfer legal ownership of items from the seller to the buyer.
Organics cannot guarantee the true identity, age, and nationality of a user.
Organics encourages you to communicate directly with a potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services provide additional verification.
Genuine online escrow companies will be listed on a government register, and it is advised that users should never use an online escrow service without first verifying that it is genuine, by independently viewing a government on-line register.
You agree that Organics is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Organics. You use the Organics Marketplace service at your own risk.
Age: Organics services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Organics may, in its sole discretion, refuse to offer access to or use the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Organics services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
In addition Organics may subject to additional terms and conditions promulgate some services offered through the Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Organics of any unauthorised use of your password or any breach of security. You also agree that Organics cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Organics with Organics express written permission.
Account information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Organics you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Organics account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement.
Right to Refuse Service: Organics services are not available to temporarily or indefinitely suspend Organics members. Organics reserves the right, in Organics sole discretion, to cancel unconfirmed or inactive accounts. Organics Marketplace reserves the right to refuse service to anyone, for any reason, at any time.
Termination of Service: If the user wishes to terminate their package, notice should be given via email or in writing before the end of the month.
Fees and Billing:
You are responsible for paying all fees and applicable taxes associated with using Organics. Organics provides both direct debit and manual bill payment as outlined in our Pricing policy.
All vendors registering with Organics from 1st February 2017 do so on a 23% commission basis. This is a ‘flat-fee’. It means that vendors are paid 77% of their order value plus the full value of the shipping. Organics will pay your total commission for the month within the first week of the following calendar month.
Listing and Selling:
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Organics published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Organics shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their Organics shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Organics site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Organics reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Organics transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Prohibited, Questionable and Infringing Items and Activities:
You are solely responsible for your conduct and activities on and regarding to Organics and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (together, “Content”) that you submit, post, and display on Organics.
Restricted Activities: Your Content and your use of Organics shall not:
1. be false, inaccurate or misleading
2. be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Organics Copyright Policy).
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Must not contain items that have been identified as hazardous to consumers
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Organics staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Contain obscene materials or content. Organics will notify of obscene material and information details of its source to external law and policing agencies.
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Modify, adapt or hack Organics or modify any other website so as to falsely imply that it is associated with Organics;
11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Organics.
Re-posting Content: By posting Content on Organics, it is possible for an outside website or a third party to re-post that Content. You agree to hold Organics harmless for any dispute concerning this use. If you choose to display your own Organics hosted image on another website, the image must provide a link back to its listing page on Organics
Idea Submissions: Organics considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Organics shall not be liable for the disclosure or use of such Material. If, at Organics request, any member sends Material to improve the site (for exam through customer support), Organics will also consider that Material to be non-confidential and non-proprietary and Organics is subject to this Agreement. You hereby grant and agree to grant Organics, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse of you.
Organics does not control the Content provided by users that is made available on Organics. You may find some Content offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Organics, you agree to accept such risks and that Organics (and Organics Marketplace’s officers, directors, agents, subsidiaries, joint ventures and employees) it not responsible for any and all acts or omissions of users on Organics. Please use caution, common sense, and practice safe buying and selling when using Organics.
Interactions with Other Users: Users are solely responsible for interactions with others. Users understand that Organics does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Resolution of Disputes and Release:
In the event of a dispute arises between you and Organics, please contact Organics.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release Organics (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Organics, for the benefit of users, may try to help users resolve disputes. Organics does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Organics attempts to resolve a dispute it will do so in good faith based solely on its policies. Organics will not make judgments regarding legal issues or claims and PayPal will ultimately determine all disputes related to transactions.
Organics Marketplace’s Intellectual Property:
Organics, and other Organics graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Organics Group plc and its subsidiaries. Organics trademarks and trade dress may not be used, including as part of trademarks and/or part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Organics may, without notice, and without refunding any fees, delay or immediately remove Content, warn Organics community of a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Organics, officers, directors, employees, and suppliers provide organics marketplace’s web site and services “as is” and without any warranty or condition, express, implied or statutory. Organics, it’s officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Organics shall create any warranty.
In no event shall organics, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Organics services, or this agreement, including without limitation, lost profits bodily injury, emotional distress, or any special, incidental or consequential damages.
Organics liability, and (as applicable) the liability of Organics officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to organics marketplace in the 12 months prior to the action giving rise to liability, and (b) £100.
You agree to indemnify and hold Organics and (as applicable) Organics parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Organics does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Organics control.
LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Organics service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Organics are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
ORGANICS MARKETPLACE SERVICE
Organics reserves the right to modify or terminate the Organics service for any reason, without notice, at anytime.
CHOICE OF LAW
This agreement shall in all respects be interpreted and governed by the laws of England and Wales.
Sections Organics Is A Venue, Membership Eligibility, Fees And Billing, Listing and Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, Organics Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, Organics Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to Organics Web Ltd. Sovereign Court II, University of Warwick Science Park, Sir William Lyons Road, Coventry CV4 7EZ (in the case of Organics) or, in your case, to the email address you provide to Organics (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Organics may give you notice by post to the address provided to Organics. In such case, notice shall be deemed given three days after the date of posting.
The services hereunder are offered by Organics Web Ltd, located at Sovereign Court II, University of Warwick Science Park, Sir William Lyons Road, Coventry CV4 7EZ.