These Terms and Conditions for Sellers, together with any and all other documents referred to below, set out the terms under which Sellers can sell items on our Marketplace.
Please read these Terms and Conditions carefully and ensure that you understand them before listing anything for sale on our Marketplace. You will be required to read and accept these Terms and Conditions when you create an Account with us, and when you list an item for sale using our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to sell anything on our Marketplace.
1. Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of our Site, including our Marketplace;
“Buyer” means an individual or business who makes a purchase via our Marketplace;
“Listing” means a listing on our Marketplace advertising an item or items for sale;
“Marketplace” means our platform for Buyers and Sellers on our Site;
“Seller/you/your” means the individual or business Listing items for sale via our Marketplace;
“Site” means this website, www.jewlx.com;
“Transaction Fee” means a percentage fee applied to each sale made on our Marketplace as set out in clause 9;
“We/Us/Our” means Jewel Exchange Ltd (trading as Jewlx), a limited company registered in England and Wales under company number 11825427, whose registered address is at Jewlx, PO BOX 7878, Kettering, Northants, England, NN16 6QL.
2. Access to and Use of Our Site
- Access to our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Site.
- Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms and Conditions, we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
- Use of our Site is also subject to our Terms and Conditions for Buyers. Please ensure that you have read them carefully and that you understand them.
3. Age Restrictions
You may only list items for sale on our Marketplace if you are at least 18 years of age.
4. Our Marketplace
- 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 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 in Listings on our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and
- while you are required to comply with these Terms and Conditions, which include provisions covering important matters such as payment methods, processing times, and delivery methods, we recognise that all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).
5. What Can and Cannot be Sold on Our Marketplace
- The following are permitted on our Marketplace:
- items of jewellery, except for some costume jewellery; and
- certain accessories and antiques if they relate to jewellery.
- Please follow the guidance on our Site for what is and is not considered an acceptable item for sale.
- Please be aware that in order to list an item as “gold” or any other precious metal, it must have the relevant visible hallmarking, under the Hallmarking Act 1973.
- We reserve the right to remove any Listing that breaches the provisions of this clause 5. In addition, we may also suspend or terminate your Account. All sums owed to us will remain due and payable regardless of whether we have suspended or terminated your Account for any reason.
6. Descriptions Policy
- When selling on our Marketplace, it is important that all descriptions of items are truthful and accurate, comply with the law and up-to-date government guidelines, 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:
- if an item is not new, it must not be described as such;
- if an item is used, 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 must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings or other representations;
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 listing must include delivery 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, you must provide full details of the options available to Buyers, reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times, and if 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;
- you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to clause 7 for more information); and
- your Listing must not advertise alternate locations from which your items can be purchased, so avoiding our Transaction Fees.
7. Intellectual Property Rights
- Sellers must, at all times, respect the intellectual property rights of other users of our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
- If you feel that another Seller or Buyer has infringed your intellectual property rights in any way, please contact us using the details in clause 19.
8. Seller Rules and Acceptable Usage Policy
When using our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this clause 8. Specifically, you must:
- ensure that you comply fully with all local, national, or international laws and/or regulations (including 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; and
- you must not engage in any form of price fixing with other Sellers or Buyers.
When using our Marketplace, you must not submit anything (including in any Listing) or otherwise do anything that:
- is sexually explicit, obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person or group of people;
- is intended or otherwise likely to threaten, harass, alarm, inconvenience, upset or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
- implies any form of affiliation with us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights of us or any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your access to our Marketplace if you materially breach the provisions of this clause 8 or any of the other provisions of these Terms and Conditions. We may also take the following actions including, but not limited to:
- removing your Listing(s) from Our Marketplace;
- issuing you with a written warning;
- taking legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
- taking further legal action against you as appropriate;
- disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
- any other actions which we deem reasonably necessary, appropriate and lawful.
We exclude any and all liability arising out of any actions that we may take in response to breaches of these Terms and Conditions, to the fullest extent permissible by law.
9. Transaction Fees
- A Transaction Fee of either 6% or 8% of the price of each item sold will apply to each sale. Transaction Fees are calculated based only on the price of an item, not on additional sums such as delivery charges.
- Any and all actions designed to avoid the payment of our fees described in these Terms and Conditions (including, but not limited to those described in clauses 6.1.10 and 8.1.7) are strictly prohibited.
- All payments made via our Marketplace are processed through a third party payment service provider, such as Stripe or PayPal.
- When a Buyer pays for an item, their payment will be credited to your Account, less the Transaction Fee, within 3 days. If a Buyer does not pay, you may cancel the transaction. Please refer to clause 15 for more information on your cancellation rights.
- If we receive notice from the third party payment service provider that your use of our Marketplace or the payment service is in breach of their terms or of any agreement between you and them, we may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the payment service to accept payments on our Marketplace, and/or the suspension or termination of your Account on our Site.
- You may close your Account with us at any time. However, any outstanding sums due and payable to us will remain payable by the original due date and your Account will not be fully closed until all sums due have been paid.
- We will not make any Buyers’ payment details available to you at any time, or for any reason. All payment details are held securely by the third party payment service provider only.
- It is your responsibility to collect and pay applicable taxes on any sales made through our Marketplace.
- Where any tax, for example value added tax (“VAT”), forms a part of the price of any item on our Marketplace, the tax must be included in the price of the item.
- If you are VAT registered, you may be required to charge VAT on the items that you sell on our Marketplace.
For further information on VAT and other taxes in your location, please contact your local tax authority.
- It is your responsibility to deliver the items to be Buyer and you must dispatch the items 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, time to customise the item(s) 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.
- 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.
- 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.
- You must provide an accurate an address from which the items are being shipped.
It is strongly recommended that you obtain proof of postage (and where necessary, take out insurance) when sending items. This will be important in the event that a Buyer does not receive the item(s) from you.
- Once an item has been dispatched to a Buyer, you must inform them. You must not describe an item as dispatched until it actually has been.
- 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.
13. Buyers’ Rights to Cancel and Return Items
- Buyers who are consumers (that is, not businesses) based in the 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. It is your responsibility to determine whether this applies to transactions you enter into. If it is 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.
- The cooling-off period does not apply if you, as the Seller, are also a consumer, or if the item has been personalised or made-to-order for the Buyer.
- 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. 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.
- 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.
- 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 under clause 13.5.1); or
- if you have not yet dispatched the item(s), the day on which the Buyer informs you that they wish to cancel.
- You may make certain limited deductions from refunds under this clause 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/or
- 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.
14. Problems with Transactions and Buyers’ Rights
- 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 matches any samples or models that you have shown to the Buyer (unless you have made the Buyer aware of any differences).
- If items do not conform with the requirements outlined in clause 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), 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 must 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.
- 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.
- Please note that Buyers will not be eligible to claim under this clause 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.
- The costs of returning items to you should be covered by you, reimbursing the Buyer where necessary.
- Refunds (whether full or partial, including reductions in price) under this clause 14 must be issued within 14 calendar days of the day on which you agree that the Buyer is entitled to a refund.
- Any and all refunds under this clause 14 must include all delivery costs paid by the Buyer when the item(s) was/were originally purchased.
- Further information on legal rights can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
15. Further Transaction Cancellation Rights
- You have the right to cancel a transaction and issue a full refund of any sums paid where applicable (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.
- Refunds must be made within 14 calendar days of:
- the date on which you and the Buyer agree the cancellation, under clauses 15.1.1 and 15.1.2; or
- the date on which you inform the Buyer that you are cancelling the transaction, under clauses 15.1.3 and 15.1.4.
16. Cancellation Rights With Us
- If we have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
- we have breached these Terms and Conditions 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 and Conditions to your material disadvantage; or
- we are adversely affected by an event outside of our control (as under clause 18).
17. Our Liability to You
- As stated in clause 4, we are not a party to any transactions, other relationships or disputes between Buyers and Sellers.
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.
- Subject to this clause 17, 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.
- Nothing in these Terms and Conditions 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.
- Nothing in these Terms and Conditions 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.
18. Events Outside of Our Control (Force Majeure)
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.
19. Communication and Contact Details
If you wish to contact us for any reason, you may email us at Contactus@jewlx.com, or write to us at Jewlx, PO BOX 7878 Kettering, Northants, England, NN16 0BN.
20. Data Protection
- All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- As a Seller, you will also collect, hold, and process Buyers’ personal information in the course of transactions (for example, Buyers’ names, email addresses, and postal addresses). You will also, therefore, be considered as a data controller under the GDPR and you will be responsible for complying with your legal obligations and protecting Buyers’ rights under the GDPR. You must only use the personal data of other 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 individual to a mailing list, use their data for marketing, or retain any payment details. You may only use another individual’s personal data for additional purposes with their consent.
- If both we and you 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. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.
21. Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions 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 and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions without our express written permission.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
- We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms and Conditions are to your material disadvantage, you may cancel as set out in clause 16.1.3.
22. Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with the laws of England & Wales.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising from them or associated with them (whether contractual or otherwise) will be subject to the exclusive jurisdiction of the courts of England & Wales.