Terms of Sale
Please read these terms carefully before using Our Service or placing an Order.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Sale:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United Kingdom.
- Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Aquilative Technologies Limited T/A Aquilative Marketplace, a company registered in England & Wales with number 10546378, whose registered office is at 124 City Road, Islington, London, EC1V 2NX.
- Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from one or more Vendors through the Service.
- Seller details means the information about a Vendor shown on its store and product pages, at checkout and in Your order confirmation: its legal name (for a partnership, the name of every partner), any trading name, type of business, company number and VAT number (if any), the geographic address at which it is established, its email address, and its phone number if it has one for its business.
- Service refers to the Website.
- Vendor means an independent maker, artist, designer or business that sells Goods on the Service. The Vendor is the seller of its Goods, and its Seller details are shown before You pay.
- Terms of Sale (also referred to as "Terms") means these Terms of Sale, including the Returns policy. They apply to each contract You make with a Vendor for its Goods, and to Your use of the Service provided by the Company.
- Website refers to Aquilative Marketplace, accessible from https://dev.aquilativemarketplace.com, including a Vendor's own store address that is part of it.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Sale governing the use of this Service and the agreement between You and the Company. They set out the rights and obligations of all users regarding the use of the Service.
These Terms apply when You place an Order, and to Your use of an Account. When You place an Order, You agree to these Terms as they stand at that time.
You represent that you are over the age of 18. The Company does not permit those under 18 to place Orders.
Your access to and use of the Service is also subject to Our Privacy Notice, which describes how We collect, use, and disclose personal information. Please read it carefully before using Our Service.
Nothing in these Terms affects Your statutory rights as a consumer.
How the Marketplace Works
Aquilative Marketplace is operated by the Company. Goods on the Service are made and sold by independent Vendors. When You place an Order, Your contract for each Vendor's Goods is with that Vendor, whose Seller details are shown before You pay. The Vendor is responsible for supplying the Goods and for Your legal rights as a consumer, and looks after returns as set out in Our Returns policy.
We act as each Vendor's agent – for the Vendors only, not for You: We accept Orders, take Your payment and make refunds on the Vendor's behalf, and issue each Vendor's invoice and any credit note in the Vendor's name. When You pay Us, You have paid the Vendor. We are responsible for the marketplace services We provide. Every Vendor is a business established in the United Kingdom.
Before You pay, the basket shows which Vendor makes and sends each item. An Order with Goods from more than one Vendor arrives in separate parcels, one from each Vendor, each with its own delivery charge and delivery estimate, also shown before You pay.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your billing address, and Your delivery address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order, and to the Vendor so that they can send Your Goods.
Order Confirmation
Your Order is accepted, and a separate contract formed with each Vendor in it, when We email You to confirm it, on the Vendors' behalf, after Your payment has gone through. The confirmation has a section for each Vendor, with its Seller details, Your items and their prices, delivery charge and estimate, and Your right to cancel, and that Vendor's invoice, issued by Us on its behalf, is attached. The model cancellation form is at the end. Please keep the email.
Order Cancellation
Before We confirm Your Order, We or the Vendor may decline it – for example if an item has sold out, a price or description is clearly wrong, or We suspect fraud or an unauthorised payment.
After an Order is confirmed, the Vendor (or We, on the Vendor's behalf) may cancel all or part of it only if the Vendor can't supply the Goods (for example because the last one was sold at the same moment, or a handmade item can't be made), if the price or description was an obvious error, or if the law requires it. We will tell You why, and refund You in full for anything cancelled, including its delivery charge.
Your Order Cancellation Rights
Any Goods You buy can be returned in accordance with these Terms and Our Returns policy, which forms part of these Terms.
You can cancel Your contract with a Vendor, for all or any of its items, without giving a reason, within 14 days after the day You receive that Vendor's Goods (if a Vendor sends them in several parcels, 14 days after the day You receive the last of them). Each Vendor's 14 days are counted separately. To cancel, tell the Vendor or Us (We receive cancellations on the Vendor's behalf) clearly – using Cancel Items on Your order page or the link in Your order confirmation, Contact the Store or the email address in the Vendor's Seller details, by email to support+dev@aquilativemarketplace.com, or with the model cancellation form below. If You use Cancel Items, We email You straight away to confirm We've received Your cancellation. You then have 14 days from telling Us or the Vendor to send the Goods back.
You can handle the Goods as You would in a shop to see what they are and how they work. If You handle them more than that and it reduces their value, the Vendor may deduct the reduction from Your refund.
We refund, on the Vendor's behalf, the price of the cancelled Goods and the standard delivery charge (if You cancel only part of an Order, the delivery charge is refunded only if You cancel everything from that Vendor). The refund is made without undue delay, and in any case within 14 days of the day the Vendor receives the Goods back, or You give evidence that You've sent them, if earlier (or, if the Goods haven't been sent to You yet, within 14 days of the day You cancel), to the same payment method You used, with no fees. You pay the cost of returning the Goods unless they are faulty or not as described. A refund is never delayed because of anything between Us and the Vendor.
You can't cancel for a change of mind if the Goods are:
- made to Your specifications or clearly personalised (Goods are not excluded just because they are handmade or made after You order);
- by their nature unsuitable for return, liable to deteriorate rapidly, or past their expiry date;
- sealed for health protection or hygiene reasons and unsealed after delivery;
- after delivery, by their nature inseparably mixed with other items.
These exclusions never affect Your rights if Goods are faulty or not as described.
Faulty Goods
Goods must be as described, of satisfactory quality and fit for purpose. If they are faulty, damaged or not as described, You have legal rights under the Consumer Rights Act 2015, which these Terms do not affect. In short: within 30 days of delivery You can reject them for a full refund; after that You can ask for a repair or replacement, and if that isn't possible or doesn't work, a refund or price reduction. A fault that appears within 6 months of delivery is presumed to have been there at delivery unless shown otherwise, and You may be able to claim for up to 6 years (5 years in Scotland). The Vendor is responsible for these rights and pays reasonable costs of returning faulty Goods; You can contact the Vendor or Us, and We will help. See Our Returns policy.
Availability, Errors and Inaccuracies
Goods are listed by Vendors, and many are handmade, so each may vary slightly from its photographs. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Goods on the Service.
We may correct errors in listings, prices or availability at any time before We confirm an Order. This does not affect Your rights if Goods in a confirmed Order don't match their description.
Prices Policy
Prices are set by each Vendor and shown in pounds sterling, including any VAT the Vendor charges; a Vendor registered for VAT shows its VAT number in its Seller details. The total You pay, including each Vendor's delivery charge, is shown before You pay, and there are no other charges.
Payments
All Goods purchased are subject to a one-time payment. We take Your payment on the Vendors' behalf, through Our payment processor, Stripe, by card, Apple Pay, Google Pay or the other methods shown at checkout; paying Us settles what You owe each Vendor for Your Order. We do not see or store Your card details.
Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
Delivery
We deliver to addresses in Great Britain (England, Scotland and Wales) only. Each Vendor sends their Goods with the delivery method You choose at checkout, and gives an estimate of how long it takes. Unless a different time is agreed, Goods must be delivered within 30 days of Your Order. If they are late, please contact Us or the Vendor: You may then set a reasonable new date, and if the Goods don't arrive by it, or the delivery date was essential, You can cancel and get a full refund. The Goods are the Vendor's responsibility until they are delivered to You or to someone You've nominated.
Your Account
You can buy as a guest or with an account. If You create an account, You are responsible for keeping Your password secret and for what is done with Your account. You can close Your account at any time in My Account, or by contacting Us.
Intellectual Property
The Service and its original content (excluding content provided by Vendors or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. Product photographs and descriptions belong to the Vendors who provide them.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, if You breach these Terms. Upon termination, Your right to use the Service will cease immediately. Orders We have already confirmed are not affected.
Limitation of Liability
Nothing in these Terms limits or excludes Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law, including Your statutory rights as a consumer.
The Vendor is responsible to You for the Goods. We are responsible for the marketplace services We provide (showing listings, taking Your payment, managing Your Order and refunds): We are responsible for loss or damage You suffer that is a foreseeable result of Us breaking these Terms or failing to use reasonable care and skill in providing them. Loss or damage is foreseeable if it is obvious it will happen, or if both of us knew it might happen when the contract was made. We are not responsible for loss or damage that is not foreseeable. The Goods are sold to You for domestic and private use, so neither We nor the Vendor are responsible for any loss of profit, business or business opportunity.
"As Is" and "As Available" Disclaimer
The Service is provided to You "as is" and "as available". To the maximum extent permitted under applicable law, the Company makes no representation of any kind that the Service will meet Your requirements, operate without interruption, or be error free. This does not affect the Goods You buy, which must be as described, of satisfactory quality and fit for purpose, as the law requires.
Governing Law
The laws of England and Wales govern these Terms and Your use of the Service. If You live in Scotland or Northern Ireland, You can also bring proceedings in Your home courts and rely on its mandatory consumer protections.
Disputes Resolution
If You have a problem with Goods, contact the Vendor using Contact the Store or the email address in its Seller details. If the Vendor doesn't reply, or You can't agree, contact Us at support+dev@aquilativemarketplace.com and We'll help.
If You have a complaint about the Service or how We've handled Your Order, email support+dev@aquilativemarketplace.com or use our contact form. We acknowledge it within 5 working days, look into it and aim to tell You the outcome within 14 days. This does not stop You using Your legal rights or going to court.
To report an item that may be unsafe, illegal or copied from someone else's work, use Report This Item on its page, or email legal+dev@aquilativemarketplace.com. We look at every report and may remove the item while We check it.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms
We may modify these Terms at any time. The version in force when You place an Order applies to that Order. Earlier versions are listed below this page, with the dates they applied.
Contact Us
If You have any questions about these Terms, You can contact Us by email – hello+dev@aquilativemarketplace.com for general questions, support+dev@aquilativemarketplace.com about an Order, or legal+dev@aquilativemarketplace.com for legal and privacy matters – using our contact form, or by post at 124 City Road, Islington, London, EC1V 2NX.
Model Cancellation Form
Complete and return this form only if You wish to cancel the contract. You can also cancel in any other clear way.
To: [the Vendor's name, address and email address, from their Seller details], or Aquilative Technologies Limited T/A Aquilative Marketplace on the Vendor's behalf, 124 City Road, Islington, London, EC1V 2NX, support+dev@aquilativemarketplace.com
I hereby give notice that I cancel my contract for the sale of the following Goods:
- Order number and item(s):
- Ordered on / received on:
- Name:
- Address:
- Signature (only if this form is sent on paper):
- Date: