Magaroo

Terms for Sellers

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 Sellers (together with the documents referred to in them) set out the terms under which you (Seller) can sell products 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 selling on our Marketplace. All sales on our Marketplace are subject to these Terms for Sellers.
   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 Buyer please see our Terms for Buyers.
   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 Sellers, 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:
      • 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;
      • 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;
      • We do not pre-screen Sellers or any items that you advertise for sale on our Marketplace (Listing). We are no
      • While you are required to comply with these Terms for Sellers, which include provisions covering important matters such as payment methods, pricing, processing times and delivery options, we recognise that all Sellers are different and may not have the same pricing policies, process transactions within the same time frame, or offer the same delivery options. These specifics must be specified on your Shopfront.
   2. Our Website allows you to create a space on our Marketplace dedicated to you where you may advertise items for sale (Shopfront). You may do this using the tools available for this purpose on our Website.
   3. Our Marketplace is designed to encourage Buyers to support local/buy local and as such we may group Shopfronts with reference to a village, town, locality or other appropriate area.
   4. We reserve the right to refuse or remove a Shopfront or to remove any Listing in the event a Shopfront or Listing does not meet our Acceptable Content Standards.
3. Making Sales via Our Marketplace
   1. You can make a contract with a Buyer to purchase your products via our Marketplace as follows:
      • Buyer places an order for the products he/she wants by pressing the complete checkout button at the end of the checkout process on your Shopfront;
      • you must send the Buyer an order acknowledgement email detailing the products the Buyer has ordered; and
      • your acceptance of the Buyer’s order and the formation of the contract between you and the Buyer will take place on the dispatch to the Buyer of the products ordered unless (i) you have notified the Buyer that you do not accept the Buyer’s order; or (ii) the Buyer has cancelled it in accordance with section 13 below; or (iii) the order is for made to order or bespoke products in which event you may stipulate that the Buyer’s order is accepted and may not be cancelled by the Buyer on dispatch of your order acknowledgment email.
4. Descriptions Policy
   1. 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:
      • the item(s) for sale is clearly identified and the price (including all applicable VAT) is clearly stated;
      • if you are offering items 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;
      • if you are offering items customised to order, you must provide reasonable estimates for the time required to customise such orders and use all reasonable efforts to ensure that you keep to such times;
      • if an item is not new, it must not be described as such and the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
      • 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. 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;
      • photographs should be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations unless there is good reason for such use and the Buyer understands that the image is a representation of the items for sale;
      • 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;
      • your Shopfront and/or Listing must include delivery options and costs where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance;
      • if you are offering items made or customised to order, provide full details of the options available to Buyers;
      • you must not use any content that belongs to other parties in your Listings without their express permission (please refer to section 5 below for more information on intellectual property rights);
      • your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding our Transaction Fees.
5. Intellectual Property Rights
   1. The provisions of section 7 of our Website Use Terms apply to all User Content submitted to our Website, including any and all User Content submitted to our Marketplace in Listings or otherwise.
   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.
   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 legal@magaroo.com.
   4. If another party contacts us accusing you of infringing their intellectual property rights:
      • we will contact you to inform you of the complaint;
      • we may remove the User Content that is the subject of the complaint;
      • 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
      • 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.
6. Seller 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 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);
      • you must not use our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
      • 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;
      • 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;
      • you must always provide accurate, honest information about yourself and any and all items that you are selling on our Marketplace;
      • you must not charge excessively for delivery to Buyers;
      • you must state the price of an item accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fee;
      • 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 Listings or any other 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 Sellers. 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 Sellers
7. Subscription Fees
   1. No subscription fees are presently charged to sellers for use of the Magaroo platform.
   2. We reserve the right to charge a subscription fee for use of the Magaroo platform at a future date.
   3. Sellers will be informed of a change in the subscription fee and policy via their registered email.
8. Transaction Fees
   1. Transaction fees have been suspended as of December 31st 2021.
   2. We reserve the right to reinstante transaction fees at a future date.
   3. Sellers will be informed of a change in the transaction fee via their registered email.
9. Payment Service
   1. All payments on our Marketplace are made through the Payment Service provided by: Stripe Payments Europe, Ltd (Payment Processor).
   2. Your use of the Payment Service requires you to set up an account with the Payment Processor which will be subject to the Payment Processor’s own terms and conditions and privacy policy available at: https://stripe.com/gb/ssa. You will be required to read and accept those terms and conditions before taking payments from Buyers on our Marketplace.
   3. In processing payment transactions, the Payment Processor acts as a data processor to both you and us but in carrying out fraud monitoring, prevention and detection services, it acts as controller and may monitor insights and patterns of payment transactions and other online signals to reduce the risk of fraud, money laundering and other harmful activity. This activity is carried out in accordance with the Stripe Global Privacy Policy.
   4. 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 Payment Processor.
   5. If we receive notice from the Payment Processor that your use of our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, you and us or you and a Buyer or 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 Shopfront and account on our Website.
   6. The Payment Processor reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
10. Payments from Buyers
    1. All payments are processed using the Payment Service described above. You must specify on your Shopfront when payment for the items being sold is to be taken, for example, at point of order on the Marketplace, or at point of packing or at point of dispatch.
    2. When a Buyer pays for an item, their payment (minus our Transaction Fees) will be credited to your Payment Service account. The credit of amounts in your Payment Service account to your bank account is subject to the terms of your agreement with the Payment Provider.
    3. If a Buyer does not pay, you may cancel the transaction. Please refer to section 15 for more information on your cancellation rights.
    4. We only make limitedBuyer payment details (being Buyer name, billing address, billing email, card type, expiry date and the last four digits of Buyer payment card number) available to you at any time, or for any reason. Full Buyer payment details are held securely by the Payment Processor.
11. Payments to us
    1. Our Transaction Fees plus VAT will be deducted and transferred to us by the Payment Processor when a Buyer makes payment to you.
    2. We will send you a monthly statement and invoice by email showing a summary of your Transaction Fees and VAT paid to us.
    3. If you believe that Transaction Fees have been calculated incorrectly, please contact us at accounts@magaroo.com as soon as reasonably possible.
12. Taxes
    1. It is your responsibility to collect and pay applicable 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. Value added tax (“VAT”) will be chargeable by us to you on Transaction Fees payable to us.
    4. If you are VAT registered, you may be required to charge VAT on the items that you sell on our Marketplace.
13. Delivery
    1. Different delivery methods are offered by different Sellers. Delivery options may include personal delivery, Buyer collection, and postal or delivery service. You must describe your delivery options on your Shopfront including how a Buyer may select different options, if available.
    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.
    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.
    4. You must provide an accurate ships-from address to the Buyer.
    5. You must dispatch items as soon as is reasonably possible upon receipt of payment from a Buyer, 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.
    6. If relevant, 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.
    7. Once an item has been dispatched to a Buyer, you must inform the Buyer. You must not describe an item as dispatched until it actually has been.
    8. 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.
14. Buyers’ Rights to Change Orders, Cancel and Return Items
    1. You may choose to allow Buyers to change an order for items up to a cut off time before the items are packed for delivery. If this is the case, you should specify this on your Shopfront and not take payment for ordered items until dispatch.
    2. Buyers who are consumers based in the UK and European Union may be entitled to a “cooling-off” period within which they may cancel their contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the Buyer (or someone nominated by the Buyer) receives 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; or
       • 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 a Buyer exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The Buyer may do so in any way they 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 the Buyer sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the Buyer sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.
    5. Items must be returned to you by the Buyer no more than 14 calendar days after the day on which the Buyer informs you that they wish to cancel. The Buyer will be responsible for the costs of returning items to you if they cancel under the cooling-off period.
    6. When a Buyer cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:
       • The day on which you receive the item(s) back; or
       • The day on which the Buyer informs you (supplying evidence) that they have sent the item(s) back (if this is earlier than the day on which you receive the item(s) back); or
       • If you have not yet dispatched the item(s), the day on which the Buyer informs you that they wish to cancel.
    7. You may make certain limited deductions from refunds under this section 13 as follows:
       • You may reduce a refund for any diminished value in an item resulting from the Buyer’s excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/o
       • You are only required by law to reimburse standard delivery charges. If a Buyer has chosen a premium delivery method, you are only required to reimburse them for the equivalent of standard delivery.
15. Problems with Transactions and Buyers’ Legal Rights
    1. By law, you 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 you provide to the Buyer and that match any samples or models that you have shown to the Buyer (unless you have made the Buyer aware of any differences).
    2. If items do not conform with the requirements outlined in section 14.1 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:
       • 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.
       • 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.
       • 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.
    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.
    4. Please note that Buyers will not be eligible to claim under this section 14 in the following circumstances:
       • 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;
       • 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
       • 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 Buyers to use when returning items. The costs of returning items to you should be covered by you, reimbursing the Buyer where necessary.
    6. Refunds (whether full or partial, including reductions in price) under this section 14 must be issued within 14 calendar days of the day on which you agree that the Buyer is entitled to a refund.
    7. Any and all refunds under this section 14 must include all delivery costs paid by the Buyer 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.
16. Further Transaction Cancellation Rights
    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:
       • You and the Buyer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
       • 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;
       • The Buyer has not paid; or
       • You have chosen to refuse service to the Buyer.
    2. Refunds must be made within a reasonable period of:
       • the date on which you and the Buyer agree the cancellation; or
       • the date on which you inform the Buyer that you are cancelling the transaction.
17. Your Account Cancellation Rights
    1. You may close your Seller account and Shopfront and cancel your agreement with us by visiting your seller tools and using the ‘delete this store’ link.
    2. Any Transaction Fees due and payable to us will remain payable and your account will not be fully closed until all sums due to us have been paid.
    3. If we have done something wrong, you may be entitled to cancel. This may apply in the following circumstances:
       • 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
       • We go into liquidation or have a receiver or administrator appointed over our assets; or
       • We change our service or these Terms for Sellers to your material disadvantage; or
       • We are adversely affected by an event outside of our control that continues for more than 14 days.
       In some circumstances you may be entitled to compensation.
18. 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 Buyers and are not responsible for any fraudulent transactions by Buyers.
    2. Nothing in these terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
    3. Subject to clause 17.2:
       • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the provision of our services for Sellers; and
       • our total liability to you for all other losses arising under or in connection with the provision of our services for Sellers, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.
    4. 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.
19. Events Outside of Our Control (Force Majeure)
    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: 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 or other natural disaster, or any other event that is beyond our reasonable control.
    2. If any event described under this section 18 occurs that is likely to adversely affect our performance of any of our obligations to you:
       • We will inform you as soon as is reasonably possible;
       • Our obligations under these Terms for Sellers will be suspended and any time limits that we may be bound by will be extended accordingly;
       • 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;
       • If the event outside of our control occurs and continues for more than 14 days and you wish to exercise your right to cancel, you may do so by contacting legal@magaroo.com
20. 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. As a Seller, you will also collect, hold, and process Buyers’ personal information in the course of transactions (for example, buyers’ names, email addresses, addresses and limited card information). Sellers are, therefore, also considered data controllers under data protection legislation and you will be responsible for complying with your legal obligations and protecting Buyers’ rights under data protection legislation. You should have your own privacy policy in place to govern your collection, processing, and holding of Buyers’ personal data.
    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 only use an Account Holder’s data for marketing purposes if you have a lawful basis to do so.
    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.
21. Other Important Terms
    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.
    2. You may not transfer (assign) your obligations and rights under these Terms for Sellers without our express written permission.
    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.
    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.
    5. We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements.
22. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) and between you and a Buyer 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 21.1 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 a Buyer relating to these Terms for Sellers, or the relationship between you and us and you and a Buyer (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 for Sellers, the relationship between you and us or you and a Buyer, 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.
23. 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.