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Terms & Conditions

This website, www.theproducemarket.co.uk, is operated by The Produce Market Ltd.  The Produce Market Ltd is a limited company registered in England and Wales with number 12806918. The registered office address is The Old Bull Pens, Sezincote, Moreton-in-Marsh, Gloucestershire, GL56 9AW.


Terms of use


In order to use the producemarket.co.uk website [“The Produce Market”], which is a service operated by The Produce Market Ltd., you agree to accept and be bound by the following terms and conditions [“The Agreement”].


These terms and conditions may be updated from time to time, with the changes being made available on the website. Please ensure you regularly check for updates and are aware of any changes. Continued use of the site will mean you agree to and are bound by these updated or amended terms and conditions.


If you register membership as a business with The Produce Market you must guarantee that you personally have the authority of the business to agree to the terms of use. 


General Terms


You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via The Produce Market.


Governance


These terms shall be governed by and interpreted in accordance with the law of England and Wales.


No partnership or agency


Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.


Disputes


Whilst we are not party to any transaction, we may try to help users resolve disputes.

Where a buyer and merchant are unable to resolve a dispute resulting from a transaction that occurred on the platform, they may resort to us by contacting us.

For the avoidance of doubt, we have no obligation to resolve disputes and will consider to do so in our sole discretion and based solely on our policies.

You release The Produce Market (and The Produce Market directors, officers, employees and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between buyers and merchants or external parties.


Role of The Produce Market


General


The Produce Market is a company that enables transactions to take place directly between sellers and buyers. Buyers and sellers are bound by the terms and conditions of The Produce Market in order to use the service, and in addition to this by making a transaction the buyer is also agreeing to be bound by the sellers terms and conditions. These will be displayed on the sellers listing or available on request from the sellers. A transaction made will form a legally binding contract between the buyer and seller. The Produce Market do not possess, check or act as caretakers of any items sold at any time and therefore do not bear any responsibility or liability for the items sold.


Liability


To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the The Produce Market services. The services are provided on an “as is” basis.  The Produce Market makes no representations or warranties of any kind, whether statutory, express or implied, that the information, content, materials, products or services made available through The Produce Market will be as represented by sellers, fit for a particular purpose or use, available at the time of listing, compliant with applicable regulations, free from intellectual property infringement, or that sellers and buyers will perform as they have agreed. Any representations and/or warranties regarding their products shall be solely binding upon the sellers.  Where a dispute arises between, or out of buyers and merchants activity on the website, each party expressly agrees to waive any subsidiary or recourse claims against The Produce Market Ltd. and further agrees to hold The Produce Market Ltd. harmless from any claims that may be in any way connected with such dispute.


To the fullest extent permissible under applicable laws, The Produce Market Ltd. Excludes liabilities for damages of any kind arising from the use of its services including, without limitation, whether such losses where foreseen, foreseeable, known or otherwise. a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, direct, indirect or punitive damages, loss of profits


In no event shall The Produce Market be held liable for online advertisements, editorial features or recommendations about diets and/or particular products or services that may be suggested for particular purposes or expectations. No such representations or recommendations that may be displayed on The Produce Market should serve as a substitute for professional advice.

You should not rely solely on the information presented on the website. We recommend that you contact the merchant directly in case you have a specific dietary concern or question regarding a product.


Moderating


Whilst we want the site to be openly accessible for anyone to use, listings and content must adhere to our behaviour policy. Listings will be continually moderated to ensure compliance.  The Produce Market reserve the right to terminate the membership of any sellers that are in breach of our terms and conditions and remove any listings at our reasonable discretion. Complaints relating to and not limited to misrepresentation, fraudulent conduct and inappropriate behaviour will be investigated and The Produce Market reserve the right to terminate seller accounts at any time. Refund for unused membership periods will not be made in this instance.


Force Majeure


Where The Produce Market or a Seller are prevented from or delayed in carrying out obligations under these terms and conditions due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.


Behaviour Policy


You must only use The Produce Market services for their intended purposes and must not use the services for any illegal or unauthorised purposes, and you agree to comply with all UK laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.


The Produce Market may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that The Produce Market determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on The Produce Market website.


You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.


You must not threaten, intimidate, harass or otherwise abuse any other user.


You are responsible for maintaining that the content you submit is your own and is not owned by others.


You are solely responsible for your behaviour and conduct on The Produce Market including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the The Produce Market website.


You must not modify or adapt or ‘hack’ theproducemarket.co.uk or seek to create another website or communication to users that implies it is associated to theproducemarket.co.uk.


You must not produce unwanted communications [spam] to other users of The Produce Market.


You are responsible for keeping your password secure.


You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of The Produce Market website or that is in any way destructive.


You must not use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent.


You must not transfer your account to another party without our prior consent


You must not provide us with false, inaccurate or misleading information


You must not try to manipulate transactions or tamper with the website in any way.


Your Privacy and Data


Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.


Both The Produce Market and sellers process buyers personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not The Produce Market, will be responsible for that unauthorised disclosure.  If, however, The Produce Market and sellers are found to be joint data controllers of buyers’ personal information, and if The Produce Market is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify The Produce Market for the expenses it occurs in connection with your processing of buyer personal information. 


You must not collect information about users, including email addresses, without their express consent.


Intellectual Property

We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us.


You [“the user”] in using The Produce Market services allow The Produce Market the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for The Produce Market to use this content both on and offline in perpetuity.


You must not copy, modify, or distribute The Produce Market’s copyrighted works or trade marks, or other content from the Site, without our express consent.


By submitting your content you grant The Produce Market a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the The Produce Market Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.]. 


Accessing our Service


Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.


Subscriptions 


Access to the services for sellers is subscription based and requires payment details to be submitted upon registration. Payment is due on the joining date and will renew monthly on the same calendar day of every following month. Payment will be taken on this anniversary date to allow continued access to the services. If payment cannot be taken the account will be suspended and you all be contacted. If payment is made for 12 months, payment details will be held and the subscription will thereafter be renewed on a monthly basis. Once payment is taken refunds will not be made and are at the sole discretion of The Produce Market.


You may pause or cancel your membership payments at any time according to the terms of the termination policy.


Termination Policy


Termination by You


We'd hate to see you go, but you may terminate your account with The Produce Market at any time from your account settings. You may permanently delete or freeze your account.


Monthly payments can be paused or cancelled any time up until 3 working days before the next payment is due. 


Once payment is taken refunds will not be made and are at the sole discretion of The Produce Market


Termination by The Produce Market


We may terminate or suspend your account (and any accounts The Produce Market determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, The Produce Market will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.


If you or The Produce Market terminate your account, you may lose any information associated with your account, including Your Content.


We may discontinue the Services


The Produce Market reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in The Produce Market’s policies under these terms and conditions. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.


Survival


The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.


Reviews and Ratings


You may leave reviews ("Reviews") for a seller's products. You may also rate the product using a 1-5 star rating system ("Rating"). You must complete any Reviews honestly based on your experience with the seller's products.

As a seller you acknowledge and accept that your product’s Rating and Review will be publicly available for viewing on the Site.

We are not responsible for checking or editing the Reviews or Ratings on the Site but will from time to time undertake checks of the content that has been posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.


We will investigate any Review which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that Review.

You agree to indemnify and hold us, our affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third party, arising out of or in connection with any Reviews or Ratings left by you on the Site.


Seller terms and conditions


General


The sales contract is between each individual "seller" and the “buyer”. The Produce Market provides a service to facilitate that contract but is not responsible for it or its fulfilment.


Conditions of sale


In order to ensure that the platform promises to customers are maintained, conditions applicable for merchants to be able to sell on the platform may vary from time to time. These are specified as part of the merchant registration process. By registering and listing products for sale on the platform you agree that you and your products comply with the criteria to sell on the platform.


Listing


By uploading products and listing quantities for sale on the platform you agree that you are legally entitled to sell the products listed and that the descriptions are accurate, not ambiguous or misleading, and that the items are in fact available for delivery to all buyers. 

It is your responsibility to ensure the sale and distribution of items is not in breach of any applicable laws and that no regulatory restrictions or specific duties apply to such items. The Produce Market shall not be responsible for verifying your right to list and sell products, or whether the sale of such products is prohibited or deemed illegal. The produce Market reserves the right to remove from listings, without prior notice to the merchant, any product whose sale becomes illegal or controversial in the UK.


You must ensure your products listed:

Do not infringe any third party intellectual property and you have all necessary licences or approvals in order to sell your products to the buyers on the website;

Are labeled and packaged in compliance with the Food Standards Agency regulations where applicable, and that the nutritional labelling includes mandatory ingredient statements as well as the relevant warnings where products contain major food allergens.


By listing a product for sale at a price you agree that you will supply the product at that price to buyers on the website. The price listed must be in £ sterling currency only and include all applicable taxes. Postage costs can be charged in addition per shipment.


We reserve the right to terminate any listings that are in breach of our terms and conditions and remove any products at our reasonable discretion


Fulfilment


You must arrange delivery or collection of items purchased from you after receipt of payment in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify The Produce Market by contacting us.


Warranties


You must provide customers with clear and accurate information regarding all products listed, as well as all consumer statutory rights and warranties, whether express or implied, which shall solely be borne by you.  You accept to be solely responsible for the products’ quality, features, safety, adequate packaging, nutritional information contained on labels or advertised in the listing, names, marks, standard labels and any product related information that may be required or expected by customers. Any disclaimers, notices, warnings or product restrictions must be clearly stated.  You undertake to address any issues raised by customers, including, but not limited to, complaints and refunds in a timely and effective manner.


Allergens


Allergens of any sort must be clearly displayed on the product listing and also on the product packaging. 


Payment Methods


Payment for goods and/or services you offer may be paid for using a debit or credit card through our payment facility or any other payment method which you would prefer to use. 


In accepting or otherwise processing your payments related to the sale of items or services using the online payment facility, you agree to pay PayPal a transaction fee of 2.9% plus 40p per transaction. These fees will be automatically deducted from the sale amount and transferred to your seller PayPay account on the day of the transaction. The Produce Market will nor receive any benefit from these fees, this method of payment is available optionally as a convenient method of payment. 


Sellers are free to accept payment directly from sellers through any method preferred. 


These payments will complete online orders and consequently, any debt obligations owed by buyers to the Seller for the purchase of such items shall be extinguished at that time..


Returns


Sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer's right in UK law). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner.  Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage. 


Unless faulty, the following types of items are non-refundable: baby milk or food, frozen, perishable, personalised, bespoke or made-to-order items.


Customers will be entitled to return any products (including those listed as non-refundable) that fail to meet specifications or are unfit for consumption. Sellers must be notified within 14 days of receipt of the item in question.


VAT


It is your responsibility to ensure your products listed include all applicable taxes to deliver good to buyers, including customs and excise duty, VAT and any other applicable taxes. You are responsible for accounting for all taxes due relating to the sale of your products on our website.


Buyer terms and conditions


How contracts are formed between you and Sellers


Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the seller’s terms and conditions and the applicable details on the product page.

No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item.


Refusal of transaction


We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.


Delivery arrangements


Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.


Returns


If you wish to discuss or organise a return, exchange or refund of any item please contact the Seller directly using the contact Seller facility.

The buyer must inform the seller if they wish to cancel the order and they must do this in writing (email is sufficient). Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 days of receipt of the notification of cancellation.


For the avoidance of doubt, it is not possible to return baby food and milk, or frozen, perishable, custom-made or made to order items unless they are supplied in breach of applicable regulations. Please check the merchant’s terms and conditions before making a purchase to avoid disappointment.


If the goods are eligible for a return and refund, they must be returned to the merchant within 14 days of your notification of cancellation. We recommend that proof of postage be obtained. The items must be returned in their original undamaged packaging and labels, together with any accessories, booklets or free gifts.

If the goods have been handled unnecessarily, other than to establish their nature, character and function, you will be liable for any diminished value, which will be deducted by the merchant from the reimbursement.


Lost items


If the item is lost in transit then, unless proven otherwise, the seller should assume the contract is terminated and provide a refund or deliver the same items



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