Here are the terms and conditions of www.themakerplace.co.uk
It is your responsibility to ensure that you have read and understood the below terms and conditions of this website before using this website and before making a purchase. If you have any queries or require further clarification, please Contact Us prior to completing your purchase and we will be happy to help.
Terms and Conditions of use for www.themakerplace.co.uk
1.1 These terms and conditions shall govern your use of our website.
1.2 By using www.themakerplace.co.uk, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use www.themakerplace.co.uk.
1.3 If you register with www.themakerplace.co.uk, submit any material to www.themakerplace.co.uk or purchase goods from one of the Makers (Sellers) listed on www.themakerplace.co.uk we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Copyright notice
2.1 Copyright 2016 The Maker Place Ltd
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website via social media or on another website without giving full unambiguous credits to www.themakerplace.co.uk and a link back to www.themakerplace.co.uk
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public without giving full credit to www.themakerplace.co.uk;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
- Buyer registration and accounts
6.1 This Section 6 applies to buyers and prospective buyers.
6.2 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
6.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2
9. The buying and selling process
9.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and one or more of the Makers (Sellers) listing their products for sale on www.themakerplace.co.uk, and accordingly that you commit to buying the relevant product or products, in the following circumstances:
(a) You (The Buyer) must add the products you wish to purchase to the shopping cart, and then proceed to the checkout;
(b) if you are a new user, you must either create a buyer account with the website and log in; or checkout as a Guest, otherwise, if you have registered for an account, you must enter your login details;
(c) once you have logged in, or chosen to proceed as a Guest, you must confirm the order and your consent to these terms and conditions;
(d) you will be transferred to the website of the appointed payment service provider, Stripe, and the payment service provider will handle your payment to the seller (Maker); you must submit payment in full via credit or debit card;
(e) www.themakerplace.co.uk will then send you an automatically generated acknowledgement of payment;
(f) once the seller (Maker) has checked whether they are able to meet the buyer’s order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and you (the buyer)) or the seller will confirm by email that they are unable to meet your order. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by the seller, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order. The contract of sale will be formed only if your order is explicitly accepted by the seller via an email confirmation.
10 . Terms and Conditions of Sale
10.1 As the seller is a trader and the buyer is a consumer, the provisions of Section 11 shall be incorporated into the contract of sale and purchase between a buyer and a seller.
10.2 Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase
11. Distance contracts: cancellation right
11.1 The buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of the buyer’s offer; and
(b) ending at the end of 14 days after the day on which the goods come into the buyer’s physical possession or the physical possession of a person identified by the buyer (when completing the order form on the website) to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer’s physical possession or the physical possession of a period identified by the buyer to take possession of them).
11.2 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 15, the buyer must inform the seller of the buyer’s decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using the cancellation form that we or the seller will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
11.3 If the buyer cancels a contract on the basis described in this Section 11, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller or a person authorised by the seller to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.
11.4 If the buyer cancels an order in accordance with this Section 11, the buyer will receive from the seller a full refund of the amount paid to the seller in respect of the order including the costs of delivery to the buyer, except:
(a) if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and
(b) as otherwise provided in this Section 11.
11.5 If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the seller may recover that amount from the buyer up to the contract price. The seller may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the seller. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
11.6 The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.
11.7 Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 11 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.
11.8 The buyer will not have any right to cancel a contract as described in this Section 11 insofar as the contract relates to:
(a) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(b) the supply of goods which are liable to deteriorate or expire rapidly;
(c) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;
(d) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer; and
(e) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery
12. Report abuse
12.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
12.2 You can let us know about any such material or activity by email at firstname.lastname@example.org
13. Limited warranties
13.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
13.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website
14. Limitations and exclusions of liability
14.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
(a) are subject to Section 14.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
14.3 To the extent that our website and the information and services on our website are provided to the user free of charge, we will not be liable for any loss or damage of any nature.
14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees)
15.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
16. Breaches of these terms and conditions
16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.
17. Third party websites
17.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
17.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Trade marks
18.1 The Maker Place and www.themakerplace.co.uk, and our logos are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
18.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights
19.1 We may revise these terms and conditions from time to time.
19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, as a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions
21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Third party rights
23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
24. Entire agreement
24.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
25. Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance with English law.
25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of England.
26. Statutory and regulatory disclosures
26.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
26.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
26.3 These terms and conditions are available in the English language only
27. Our details
27.1 This website is owned and operated by The Maker Place Ltd.
27.2 We are registered in England and Wales in 2015 under registration number 09682859, and our registered office is at 2 Westbourne Gate, Grosvenor Road, Bournemouth, BH4 8BW.