TERMS AND CONDITIONS
- 1.1 We operate the website www.buymysari.com (the "website"). We are Buy My Sari Limited, a company registered in the United Kingdom under company number 12497301 ("we", "our", "us" "Buy My Sari" or "buymysari.com").
- 1.2 If you wish to contact us, including because you have any complaints, you can contact us by telephoning our customer service team on the number displayed on the website or by e-mailing us at firstname.lastname@example.org.
- 1.3 If you are a consumer then references in these terms and conditions (the "Terms") to "you" are to the individual using our website and purchasing the products detailed on our website ("Products") for private and non-commercial purposes.
- 1.5 Please read these Terms carefully and make sure that you understand them, before ordering any Products. Please note that by ordering any Products in accordance with section 3, you agree to be bound by these Terms and the other documents expressly referred to in them.
- 1.6 You should print a copy of these Terms or save them to your computer for future reference.
- 1.7 We may amend these Terms from time to time as set out in section 13.
- 1.8 In these Terms:
- 1.8.1 "Buyer" means a purchaser of a Product on the website from a Seller;
- 1.8.2 "Customer Account" means a customer account which has been opened by you registering on our website;
- 1.8.3 "Order" means an order for a Product placed on the website;
- 1.8.4 "Seller" means the seller of a product listed on the website;
- 1.8.5 "VIP Item" means a Product listed for sale by a Seller using the VIP Service;
- 1.8.7 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- 1.8.8 a reference to a party includes its successors or permitted assigns;
- 1.8.9 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- 1.8.10 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- 1.8.11 a reference to writing or written includes e-mails.
- 1.9 Buy My Sari is currently only available to residents of the United Kingdom. We plan to expand our services to other countries in the near future.
2. SALE PROCESS
- 2.1 All users of the website will be asked to register on the website by providing a first name, last name, email address, phone number, billing address & PayPal email address in order to create a username and password.
- 2.2 You must use all reasonable steps to keep your username and password confidential, and must inform us if you suspect or discover that your username or password have become known to someone else.
- 2.3 You shall use your account to purchase the Products or list Products in accordance with the process outlined on our website.
- 2.4 For Products purchased:
- 2.4.1 the Buyer will make the purchase and submit their payment details on the website. A transfer of money will take place from the Buyer to us;
- 2.4.2 an automatic notification email is generated by the website to the Seller once a Product is sold and a request is made to dispatch the item to the Buyer via a tracked parcel delivery service. The tracking details should be entered into the system by the Seller;
- 2.4.4 in the event that (i) we are unable to obtain authorisation for payment; (ii) we reasonably believe a transaction is fraudulent; or (iii) the Buyer does not meet the eligibility criteria set out within these Terms then an Order may be refused;
- 2.4.4 we will hold payment for 3 days from the Buyer receiving the delivery. Please refer to the returns policy.
- 2.4.5 once payment can be processed we will deduct the commission (15%) before transferring the balance of the sales proceeds to the Seller's PayPal account.
- 2.5 For Products listed:
- 2.5.1 The Seller will list the item in accordance with the selling guidelines. The Seller will purchase the listing fee (£2.99) and submit their payment details on the website.
- 2.5.2 the Seller will be notified if the listing has been approved;
- 2.5.3 in the event that the listing does not satisfy our selling guidelines, the Seller will be notified to make the necessary changes to the listing;
- 2.5.4 the item will be listed on the website for a period of 90 days;
- 2.5.5 if the item does not sell during this time and the item expires, the Seller will be sent an automatic notification email to re-list the item.
- 2.5.6 The seller must include details of the condition of all items to be sold and all descriptions must be accurate with details of any defects and/or flaws;
- 2.5.7 The seller must include images that are clear, of good quality and large enough for buyers to see the items close up including any defects and/or flaws. All images or photographs must be representative of the items listed for sale;
- 2.5.8 VIP Items will be listed on the website for a period of 120 days.
3. THE PRODUCTS AND PRICING
- 3.1 Buy My Sari does not take any responsibility and is not liable for any images uploaded by or on behalf of a Seller, who does so at their own discretion.
- 3.2 The prices and Products displayed on the website are subject to change and may be changed at any time and without notice to you provided that if a Buyer places an order for Products through the website the price the Buyer will pay for the Product(s) will be the price displayed at the time the purchase was made, except for where the price displayed was incorrect and that pricing error was obvious and unmistakeable. The prices displayed on the website at any moment are only valid at that moment.
- 3.3 Prices shown on the website are in GBP.
- 3.4 The price of a Product does not include delivery. Delivery charges are as shown on the Product detail page. Please see section 4 below for more information on delivery.
- 3.5 Promo code coupons are strictly for use within the specified time, this means, payment must be completed before the code deadline.
4. DELIVERY OF THE PRODUCTS
- 4.1 Shipping costs may apply to your Order and additional costs may apply for certain premium delivery services. If these costs apply they will be displayed prior to payment being taken. Any other charges applicable to an Order will also be displayed prior to payment being taken.
- 4.2 The Seller will dispatch the item within 48hrs of receiving the sold notification. For VIP Items we will notify the Buyer when the Product has been dispatched. Occasionally delivery to a Buyer of a VIP Item may be affected by an Event Outside Our Control, please see clause 18 for further details of Events Outside Our Control. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
- 4.3 It is suggested that the Seller post their item via Royal Mail - Special Delivery Guaranteed by 1pm' Service or any other suitable tracked parcel courier service.
- 4.4 Buyers and Sellers shall be responsible for providing us with up-to-date contact details in their Profile.
- 4.5 For bulky and high value VIP items, shipping costs may be adjusted once the final quote is received from the courier.
5. RIGHT TO CANCEL AND RETURNS
- 5.1 Buyers should notify us within 14 days of any VIP Items purchased which are faulty or not as described in order to arrange their return to us.
- 5.2 To request for a refund, if an item is significantly not as described or damaged, a Buyer is required to let the Seller know that they wish to be refunded within 3 days of receiving the item. Buyers should familiarise themselves with the refund policy before purchasing any Product(s).
- 5.3 In relation to VIP Items, Buyers can e-mail us at email@example.com clearly stating their reason for refund. If e-mailing us please include details of the Order to help us to identify it.
- 5.4 We and/or a Seller may make a deduction from the reimbursement to a Buyer of the diminished value of the goods if the Product(s) are not returned in a saleable condition or if the Products have been worn and/or are not returned in their original packaging.
- 5.5 For further information on returns, including the process and return any Product(s) please see our Returns Policy on our website.
6. DEFECTIVE GOODS
- 6.1 Consumers have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by any right of return and refund in this clause 5 or anything else in these Terms. Advice about legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. RESTRICTIONS ON YOUR USE OF THE PRODUCTS
- 7.1 You must be at least 18 years old and legally capable of entering into binding contracts in order to purchase or sell any Product(s).
8. RISK AND TITLE
- 8.1 The title to any Product(s) ordered through our website shall transfer to a Buyer upon our receipt of full payment for such Product(s).
- 8.2 Risk in the Products shall remain with the Buyer from the time of delivery.
9. PAYMENT AND CHARGES
- 9.1 We accept payment through debit or credit card using the Stripe payment platform.
- 9.2 The Seller will be paid via the PayPal payment system.
- 9.3 The charges for the Products / listing fees are set out in the Confirmation receipt.
- 9.4 Payment for the Products and all applicable delivery charges is in advance. We will charge the Buyer's debit card or credit card when the Order is placed.
- 9.5 We will charge the Seller’s debit card or credit card when the listing is submitted for approval.
10. FAILURE TO PAY THE CHARGES
- 10.1 We reserve the right to suspend or close any Customer Account or otherwise restrict access to our website and the Products if you fail to pay any charges due to us by you under this Agreement immediately when such payment becomes due.
11. LIMITATION OF LIABILITY
- 11.1 If you are a consumer:
- 11.1.1 we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
- 11.1.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it as contemplated by you and us at the time we entered into the Agreement; and
- 11.1.3 subject to section 11.3, our total liability in respect of the Products or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, storage or return, shall not in any event exceed the value of the relevant Order.
- 11.2 Nothing in these Terms excludes or limits our liability for:
- 11.2.1 death or personal injury caused by our negligence;
- 11.2.2 fraud or fraudulent misrepresentation; or
- 11.2.3 any other liability that cannot be excluded by law.
- 11.3 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- 11.4 This section 10 shall survive termination of the Agreement.
- 11.5 We are in no way liable for any off site transactions, negotiated and completed outside our terms and conditions.
- 11.6 We will try to be as fair as possible to both the Buyer & Seller, however it is the Buyer’s responsibility to do their own due diligence before purchasing an item.
12. HOW WE USE YOUR PERSONAL INFORMATION
13. OUR RIGHT TO VARY THESE TERMS
- 13.1 We may revise these Terms from time to time.
- 13.2 Every time you place an Order, the Terms in force at that time will apply to any corresponding Order.
- 14.1 You shall:
- 14.1.1 ensure that the information you include in your use of the website is complete and accurate; and
- 14.1.2 ensure that you only purchase or sell Products if you are at least 18 years old.
- 15.1 We may terminate this Agreement with immediate effect by notice in writing to you if:
- 15.1.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
- 15.1.2 you are in breach of any term of this Agreement.
16. CONSEQUENCES OF TERMINATION
- 16.1 Upon termination of this Agreement for any reason:
- 16.1.1 you shall immediately pay to us all of our outstanding unpaid invoices and interest;
- 16.1.2 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
- 16.1.3 sections which expressly or by implication have effect after termination shall continue in full force and effect.
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 18 shall survive termination of this Agreement.
18. EVENTS OUTSIDE OUR CONTROL
- 18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
- 18.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
- 19.1 Notices to you
- 19.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
- 19.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in England, Scotland or Wales which you have previously notified to us in writing.
- 19.2 Notices to us
- 19.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail.
- 19.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
- 19.4 You will update your profile with regard to any changes to your billing details and contact details.
20. ASSIGNMENT AND SUB-CONTRACTING
- 20.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent.
- 20.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
21. OTHER IMPORTANT TERMS
- 21.1 All intellectual property rights in or arising out of or in connection with the Products shall, as between you and us, be owned by us.
- 21.2 These Terms are only available in the English language.
- 21.3 If any of these Terms conflict with any terms of an Order, the Order will take priority.
- 21.4 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 21.5 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
- 21.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 21.7 If you are a consumer, you have legal rights in relation to the Products. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
- 21.8 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
- 21.9 All listings are screened by our team prior to being set live on the platform. Buyers are always encouraged to ask any questions prior to purchase, directly to the seller. All payments for purchased items, are made directly to us.
- 22.1 Buy My Sari is the owner and authorised copyright licence holder of the logos, trademarks and content present on this website. You acknowledge and agree that our content and services are protected by copyright, patent, trademark, trade secret or other proprietary rights which are owned by or licensed to us or otherwise used by us as permitted by law. We do not grant any licence, copyright or use of any other of our intellectual property rights to any third party. You shall not own nor acquire any title, copyright or any other intellectual property rights in relation to the Buy My Sari website and you shall not modify, translate, adapt or otherwise amend the contents.