Magaroo

Terms for Buyers

1. General
   1. Magaroo.com (Website) is operated by Magaroo Limited t/a Magaroo (we, us, our, Magaroo). We are registered in England and Wales under company number 12815132and have our registered office at 10 Victoria Road South, Southsea, Hampshire PO5 2DA, UK.
   2. These Terms for Buyers (together with the documents referred to in them) set out the terms under which you (Buyer) can buy products from Sellers on the platform we make available via our Website which allows Buyers and Sellers to enter into transactions with each other (Marketplace). You need to read these terms in conjunction with our Website Use Terms. Please read them carefully and ensure that you understand them before purchasing anything on our Marketplace. All purchases from Sellers on our Marketplace are subject to these Terms for Buyers.
   3. To access our Marketplace you must first have become an Account Holder. Our Website Use Terms describe the terms and conditions applicable to your access to our Website. If you are a Seller please see our Terms for Sellers.
   4. Access to our Website and Marketplace is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our Website (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Buyers, we will not be liable to you in any way if our Website or our Marketplace (or any part of them are unavailable at any time and for any period.
2. Our Marketplace
   1. 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:
      • You are not making a purchase from us and are not entering into a contract with us. Your purchase is from the Seller in question, and your contract is with that Seller;
      • We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;
      • We do not pre-screen Sellers or any items that Sellers advertise for sale on our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any information about items listed on our Marketplace; and
      • While all Sellers are required to comply with our Terms for Sellers, which include provisions covering important matters such as payment methods, processing times and delivery options, all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery options (or prices).
   2. You may only make purchases on our Marketplace if you are at least 18 years of age.
3. Buyer Rules for using our Marketplace
   1. When using our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the following provisions:
      • you must not use our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
      • you must always provide accurate, honest information to Sellers on our Marketplace;
      • you must not engage in any form of price fixing with other users (including Sellers and Buyers); and
      • you must comply with our User Content and Acceptable Content Standards when uploading any information or content to our Marketplace and must not use our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way.
   2. We reserve the right to suspend or terminate your access to our Marketplace and to take action as specified in section 7.6 of our Website Use Terms if you breach our User Content and Acceptable Content Standards or any of the provisions of these Terms for Buyers. We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of our Website Use Terms and these Terms for Buyers.
4. Purchasing from Sellers
   1. Any purchase you make on our Marketplace is between you and the relevant Seller. We are not a party to such transaction.
   2. You can make a contract with a Seller to buy products via our Marketplace as follows:
      • you place an order for the products you want by pressing the 'place order' button at the end of the checkout process for a Seller’s Shopfront;
      • the Seller will send to you an order acknowledgement email detailing the products you have ordered; and
      • the Seller’s acceptance of your order and the formation of the contract between you and the Seller will take place on the dispatch to you of the products ordered unless (i) the Seller has notified you that he does not accept your order; or (ii) you have cancelled it in accordance with section 9 below; or (iii) your order is for made to order or bespoke products in which event your order will be accepted and the contract formed on the Seller sending you an order acknowledgment email.
   3. When making a purchase from a Seller, you expressly agree that:
      • You have read the description and all relevant details about the item for sale (Listing) carefully and that you understand and agree to any and all specific terms of sale and policies that are stated to apply by the Seller;
      • You will pay the Seller for the item(s) purchased in full and on time via our Payment Service, details of which are provided below; and
      • You have provided complete and accurate delivery details to the Seller.
5. Payment Service
   1. All payments you make to Sellers on our Marketplace are made through the Payment Service provided by: Stripe Payments Europe, Ltd (Payment Processor).
   2. All payments you make to Sellers on our Marketplace are made through the Payment Service provided by: Stripe Payments Europe, Ltd Stripe Global Privacy Policy.
   3. We will share certain personal information (including your name, billing address, billing email and card details) and information about your transactions on our Marketplace with the Payment Processor.
   4. If we or a Seller receive notice from the Payment Processor that your use of our Marketplace or the Payment Service appears fraudulent, in breach of money laundering regulations or is part of other harmful activity, we may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service and/or the suspension or termination of your account on our Website.
   5. The Payment Processor reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
6. Payments to Sellers
   1. All payments are processed using the Payment Service described above. The Seller will specify on its Shopfront when payment for the items is taken, for example, at point of order on the Marketplace, or at point of packing or at point of dispatch.
   2. If you do not pay, the Seller may cancel the transaction. Please refer to Section 11 for more information on the Seller’s cancellation rights.
   3. We only make a limited amount of your payment details (being your name, billing address , billing email, card type, expiry date and the last four digits of your payment card number) available to Sellers at any time, or for any reason. Your full payment details are held securely by our Payment Processor.
7. Taxes
   1. It is the responsibility of Sellers to collect and pay taxes on any sales made through our Marketplace.
   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.
   3. If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on our Marketplace.
8. Delivery
   1. Different delivery options are offered by different Sellers. Delivery options may include personal delivery, Buyer collection, and postal or delivery service. The Seller will describe its delivery options on its Shopfront including how you may select different options, if available.
   2. You must provide complete and accurate delivery details to the Seller. The Seller is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller’s.
   3. Sellers are free to determine the delivery charges for their items; however, Sellers must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of delivering the item in question to you.
   4. Sellers must also provide a ships-from address for your reference.
   5. Sellers are required to ship items to you as soon as is reasonably possible upon receipt of payment, 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 a Listing states otherwise, or unless you have agreed otherwise with the Seller, the Seller must dispatch items no later than 30 calendar days after the date on which the sale takes place.
   6. Once an item has been dispatched to you, the Seller will inform you that it has been dispatched.
9. Your Rights to Change Orders, Cancel and Return Items
   1. Some Sellers will allow you to change an order for items up to a cut off time before items are packed for delivery. If this is the case, the Seller will specify this on its Shopfront and will not take payment for ordered items until dispatch.
   2. If you are a consumer based in the UK or European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Seller and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) receive(s) the item.
   3. The cooling-off period does not apply in the following circumstances:
      • If the item is likely to deteriorate quickly, for example flowers or food; or
      • If the item is sealed for health or hygiene reasons, and the Buyer has unsealed the item after receiving it; or
      • If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and the Buyer has unsealed the item after receiving it; or
      • If the item is digital content and it has been downloaded or otherwise accessed by the Buyer; o
      • If the item has been personalised or made-to-order for the Buyer; or
      • If the item has been inseparably mixed with another item or other items (according to their nature) after the Buyer has received it.
   4. If you wish to exercise your right to cancel during the cooling-off period, you must inform the Seller of your decision within the cooling-off period. You may do so in any way you wish, however for convenience we provide a cancellation form on our Website. Cancellation by email or by post is effective from the date on which you send the Seller your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.
   5. Items must be returned to the Seller no more than 14 calendar days after the day on which you inform the Seller that you wish to cancel. You will be responsible for the costs of returning items to the Seller if you cancel under the cooling-off period.
   6. When you cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the following:
      • The day on which the Seller receives the item(s) back; or
      • The day on which you inform the Seller (supplying evidence) that you have sent the item(s) back (if this is earlier than the day on which the Seller receives the items back); or
      • If the Seller has not yet dispatched the item(s), the day on which you inform the Seller that you wish to cancel.
   7. The Seller may make certain limited deductions from refunds under this section 9 as follows:
      • The Seller may reduce a refund for any diminished value in an item resulting from your excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or
      • The Seller is only required by law to reimburse standard delivery charges. If you have chosen a premium delivery method, the Seller is only required to reimburse you for the equivalent of standard delivery.
10. Problems with Transactions and Your Legal Rights
    1. By law, Sellers must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that the Seller has provided to you, and that matches any samples or models that the Seller has shown to you (unless the Seller has made you aware of any differences).
    2. If items do not conform with the requirements outlined in section 10.1 and, for example, have faults or are damaged when you receive them, you must contact the Seller as soon as reasonably possible to inform the Seller of the problem. The following remedies will be available to you:
       • Beginning on the day that you receive the item(s), if the item(s) is/are goods, you have a 30 calendar day right to reject them and to receive a full refund if they do not conform.
       • If you do not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. The Seller must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, the Seller may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while the Seller carries out the repair or replacement and will resume on the day that you receive 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.
       • If, after a repair or replacement, the item(s) still do not conform (or if the Seller cannot repair or replace it/them, as described above, or if the Seller has failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.
    3. If you exercise your final right to reject the item(s) more than six months after receiving it/them, the Seller may reduce any refund to reflect the use that you have had out of it/them.
    4. Please note you will not be eligible to claim under this section 10 in the following circumstances:
       • the Seller informs you of any fault(s), damage, or other problems with the item(s) before you purchase them and it is because of that/those same issue(s) that you subsequently wish to return them;
       • you have purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from your use of the item(s) for that purpose; or
       • the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
    5. We provide a cancellation form on our Website for you to use when returning items. The costs of returning items to a Seller should be covered by the Seller, reimbursing you where necessary.
    6. Refunds (whether full or partial, including reductions in price) under this section 10 must be issued within 14 calendar days of the day on which the Seller agrees that you are entitled to a refund.
    7. Any and all refunds under this section 10 must include all delivery costs paid by you when the item(s) was/were originally purchased.
    8. Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
11. Further Transaction Cancellation Rights
    1. The Seller has the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
       • You and the Seller have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
       • You and the Seller have mutually agreed to cancel the transaction following receipt by you of the item(s) and you have returned the item(s) to the Seller;
       • You have failed to pay;
       • The Seller has chosen to refuse service to you.
    2. Refunds must be made within a reasonable period of:
       • the date on which you and the Seller agree the cancellation; or
       • the date on which the Seller informs you that they are cancelling the transaction.
12. Your Account Cancellation Rights
    1. You may close your user account at any time in accordance with section 6 of the Website Use Terms by using our account closure tool.
    2. Any outstanding sums due and payable to any Seller(s) will remain payable and your account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.
13. Our Liability to You
    1. We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, we do not pre-screen Sellers or any items that Sellers advertise in Listings on our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned.
    2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of any of our responsibilities under these Terms for Buyers or as a result of our negligence.
    3. Subject to section 13.2, 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.
    4. Nothing in these Terms for Buyers 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.
    5. Nothing in these Terms for Buyers 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.
14. Data Protection
    1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of data protection laws. Our Privacy Notice and Cookie Notice explain in detail the personal data we collect, how we use your personal data, with whom we share your personal data, how we maintain security of your data and your rights in relation to the personal data we hold about you.
    2. Sellers will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, delivery address and certain payment information). Sellers are also considered data controllers under data protection laws and will be responsible for complying with their legal obligations and protecting your rights under the law.
    3. You must only use the personal data of other Account Holders (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.
15. Other Important Terms
    1. We may transfer (assign) our obligations and rights under these Terms for Buyers 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 Buyers will not be affected and our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms for Buyers without our express written permission.
    3. If any of the provisions of these Terms for Buyers 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 Buyers. The remainder of these Terms for Buyers shall be valid and enforceable.
    4. No failure or delay by us in exercising any of our rights under these Terms for Buyers means that we have waived that right, and no waiver by us of a breach of any provision of these Terms for Buyers means that we will waive any subsequent breach of the same or any other provision.
    5. We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.
16. Law and Jurisdiction
    1. These terms and conditions, and the relationship between you and us (whether contractual or otherwise) and between you and a Seller shall be governed by, and construed in accordance with the law of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in section 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and us or you and Seller relating to these terms and conditions, or the relationship between you and us or you and a Seller (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.
    4. If you are a business, any disputes concerning these terms and conditions, the relationship between you and us or you and a Seller, 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.
17. Contact us
    1. If you have any questions, comments or concerns regarding our terms or your use of our Marketplace, please contact us at legal@magaroo.com.