IMPORTANT. THESE TERMS ONLY APPLY IF YOU WISH TO SELL (RATHER THAN MERELY ADVERTISE) ITEMS IN THE COURSE OF A TRADE BUSINESS OR PROFESSION TO MEMBERS OF A COMMUNITY.
This page tells you the terms and conditions (“terms”) on which we shall provide you with a venue to list items for sale on our site.
Please read these terms carefully before agreeing to use our site as a venue to list your products for sale. You should understand that by agreeing to use our site as a venue to list your products, you agree to be bound by these terms.
We may agree to provide you with the right to use part of our site as a venue to list and promote your products or services for sale, subject to these terms and any such right granted shall be referred to in these terms as “the Services” that we shall provide for you.
You should print a copy of these terms and conditions for future reference.
1.1 We operate the website jumblebee.co.uk.We are Jumblebee Limited, a company registered in England and Wales under company number 07278755 and with our registered office at Ground Floor Offices Unit 30 Green End Gamlingay Sandy Beds SG19 3LF. Our main trading address is the same as our registered address above. Our VAT number is 105 7199 17.
2.1 By accepting these terms you confirm and warrant that:
2.1.1 you are capable of entering into legally binding contracts;
2.1.2 you are at least 18 years old (if you are a natural person rather than a corporate person);
2.1.3 you wish to use the Services in your capacity as a business and in so doing confirm that you are not acting as a consumer;
2.1.4 if we agree to provide you with the Services, you may be given the opportunity to use parts of our site as a venue sell your products or services to individuals, many of whom we expect will be acting as consumers. Accordingly:
2.1.4.1 you must comply will all laws, rules, regulations, codes of conduct and policies relating to your use of the Services, including but not limited to, advertising, sales, distance selling, consumer credit etc and we strongly recommend
that you take expert legal advice on the same. We may provide you with specimen sales terms which are meant as a guide only and have not been adapted for your particular use nor will they be updated by us. If notwithstanding this, you do make use of the specimen terms you do so at your own risk and you agree to indemnify us and hold us harmless in the event that they are illegal or invalid or are not appropriate for or do not fulfil your needs for whatever reason; and
2.1.4.2 you agree that we will not be involved nor party to any contract formed between you and your customers. We merely provide you with a venue to list your products or services.
2.2 You agree to indemnify us, and to keep us indemnified, against all losses or liabilities (including, without limitation any direct or indirect consequential losses or loss of profit and loss of reputation, damages, claims, demands, proceedings, costs, expenses, penalties, legal and other professional fees and costs) which may be suffered or incurred by us and which arise directly or indirectly in connection any breach by you of clause 2.1 above.
2.3 Nothing in our contract with you is intended to, or shall operate to, create a partnership between you and us, or to authorise you to act as our agent.
3.1You have given us information so that we could assess your suitability to trade within particular communities. You confirm that the information that you have given us is true, accurate, complete and not misleading.
3.2 Your acceptance of these terms constitutes an offer to use the Services subject to these terms.
3.3 Our contract with you shall be concluded once you begin to use the Services. Upon the contract being concluded we grant you a non-exclusive, non- transferable right to use the Services for such period of time as described in these terms and you may begin to create your on-line shop front.
3.4 Our contract with you shall be concluded in the English language.
3.5 You may contact us at contact@jumblebee.co.uk to correct any errors in the information that you have provided us. You may view the information by logging in and viewing your listing.
3.6 We will record details of any contract concluded including the fact that you
have accepted these terms and a list of communities in which you are
permitted to sell your products or services. We may provide you with this information if you request it by emailing us at contact@jumblebee.co.uk.
3.7 If you wish to use your on-line shop to trade within other communities please contact us at contact@jumblebee.co.uk.
4.1 A fee for your use of the Services will be as quoted on our site from time to time, except in cases of obvious error. Part of that fee is payable to us and part is payable to the community in which you are advertising. We will divide any payments received by us so that we keep the portion that we are entitled to as a result of providing the Services and we will pay the community the portion that they are due. We shall hold the community portion on trust for them until such time that we pay them. The community may hold their portion on trust for a specified cause.
4.2 Payment shall be made at the time set out on our site and shall be made by credit or debit card or such other method accepted by us from time to time. We accept payment with those credit and debit cards specified on our payment page.
4.3 Prices are inclusive of VAT unless otherwise stated. We can provide a VAT receipt on request.
4.4 Our prices are subject to change at any time. We shall give you at least one month’s notice of any changes before they come into effect.
4.5 We are under no obligation to provide you with the Services at any incorrect (lower) price, even after we have sent you an email acknowledgement, if a pricing error on our site is obvious and unmistakeable and could have reasonably been recognised by you as an error.
5.1 When you pay our fees you will choose how long you wish to use your on-line store. Once the period that you have paid for expires you will no longer be able to sell to communities until you pay for an extension. You will still be able to access your on-line shop front and use the Services regardless of whether your shop is live and therefore our contract with you continues for all the time that you are using the Services.
5.2 We may terminate our contract with you immediately if:
5.2.1 in our reasonable opinion it is unsuitable to allow you to continue to use the Services within the particular communities on our site that you have access to;
5.2.2 we receive any complaint or objection regarding your use of the Services within particular community or your access to or association with a particular community;
5.2.3 you commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 2 days after we ask you to. Failure to pay our fee for the Services shall be one such example of a material breach; or
5.2.4 a petition for a bankruptcy order to be made against you has been presented to the court; or
5.2.5 you become insolvent or unable to pay your debts as they fall due or anything happens which leads us to reasonably believe that this is likely to happen in the foreseeable future.
5.3 Upon termination for whatever reason all rights granted to you under these terms shall cease and in particular you will no longer be entitled to make use of the Services. If we terminate our contract with you through no fault of your own, we shall refund any part of the fees that you have paid us proportional to the term that you have paid for but will not use. We cannot refund any sums of money that have been paid to a community and you hereby irrevocably agree to waive any claim or entitlement to the same. We will not refund any fees if you terminate our contract with you or if we terminate our contract with you under clause 5.2 above. Our rights accrued during the term of our contract with you shall remain until they have been satisfied in full, regardless of termination.
6.1 You acknowledge that all intellectual property rights in the site belong to us, that any rights we may grant you to use the Services are licensed (not sold) to you, and that you have no rights in, or to, the site other than the right to use it in accordance with these terms.7.Warranty
7.1 Our site and the Services are provided on an ‘as is’ basis without warranty of any kind, save as required by law.
7.2 You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions provided within the Services meet your requirements.
7.3 You acknowledge that our site may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of our contract with you.
IMPORTANT. PLEASE READ THIS CLAUSE 8 CAREFULLY. IT SETS OUT THE MAXIMUM LIMIT OF OUR LIBAILITY AND EXCLUDES LIABILITY FOR CERTAIN THINGS. DO NOT ACCEPT THESE TERMS UNLESS YOU HAVE READ AND AGREE TO ALL OF THESE LIMITATIONS AND EXCLUSIONS.
8.1 Subject to clause 8.4, our liability for any losses suffered by you or any third party arising out of or in connection with our contract with you or your use of the Services (including any liability for the acts or omissions of our employees, agents and subcontractors), whether arising in tort (including negligence), misrepresentation or otherwise shall be limited to refunding you the fees that we have received from you in respect of the Services in the preceding 12 months (less any portion paid to a community) and, subject to clause 8.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
8.2 Subject to clause 8.4, we will not be liable for losses that result from our failure to comply with these terms that fall into the following categories even if such losses result from our deliberate breach:
8.2.1 loss of income or revenue;
8.2.2 loss of business or contracts;
8.2.3 loss of profits;
8.2.4 loss of the use of money or anticipated savings;
8.2.5 loss of or damage to or corruption of data or information;
8.2.6 loss of opportunity, goodwill or reputation;
8.2.7 waste of management or office time; or
8.2.8 any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
However, this clause 8.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by sub-clauses 8.2.1 to 8.2.8 inclusive of this clause 8.2
8.3 These terms set out the full extent of our obligations and liabilities in respect of the supply of the Services. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as required by law. Any condition, warranty, representation or other term concerning the supply of the Services which might otherwise be implied into, or incorporated in, these terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
8.4 Nothing in these terms shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
8.5 You acknowledge that there may be occasions when our site or part of it is inaccessible or undergoes maintenance and that such circumstances shall not constitute breach of our contract with you and that we will not be liable to you for any loss or refund in such circumstances.
9.1Refunds are a matter for you to sort out with a buyer yourself. We will not get involved in disputes between yourself and others.
9.2We shall not refund any fees that we receive regardless of whether your sales contract with a buyer is cancelled, breached or not fulfilled for whatever reason or you are required to give your buyer a refund or your buyer does not pay you. In using this site you agree that we will not be obliged to refund you any fees that we receive. The only exception to this is where we are at fault, in which case we will refund you an appropriate amount.
10.1Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e- mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.NOTICES11.1All notices given by you to us must be given to Jumblebee Limited at contact@jumblebee.co.uk. We may give notice to you at either the e-mail or postal address you have provided to us. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e- mail is sent, or three days after the date of posting of any letter. In proving
the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of our contract with you, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time during its term.
12.4 No term of our contract with you shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to our contract, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
13.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 impossibility of the use of public or private telecommunications networks; and
13.2.2 strikes, lock-outs or other industrial action;
13.2.3civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.5 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under our contract with may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under that contract terms or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under that contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clause headed “Notices” above.
15.1 If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.1 These terms are all of the terms and conditions that shall relate to our contract with you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of our contract with you.
16.2 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms.
17.1 Our contract with you and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or
in connection with such contract or its formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Version Date: 9th January 2012
