7.1. In signing up to these Terms, the Seller commits to:
Sell Products in accordance with the Macrigi LTD Customer Terms
and comply with the Macrigi Ltd Customer Terms in all material respects;
7.1.2. Supply only Products that can be delivered to the Customer within the Timeframes stated at clause 220.127.116.11. For the purposes of these Terms a “Working Day” means any day that is not a Saturday, Sunday or Bank Holiday in the UK;
7.1.3. Be solely responsible and bear all risk and liability for, sourcing, storing, selling and delivering the Products to the Customers using reasonable skill and care;
7.1.4. Ensure that the Seller’s company name, company number, registered office and where applicable trading address and VAT registration number are clearly displayed on the Seller’s Shop and updated, as necessary, as soon as practicable. This shall include updating the details of the Seller’s VAT registration number. Should the Seller no longer hold a VAT registration number, it shall remove this from the Seller Shop. The Seller acknowledges that Macrigi Ltd shall have no liability in relation to the Seller’s VAT registration details or any other details which it is obliged to display and keep updated under this clause 7.1.4;
7.1.5. Indemnify Macrigi Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Macrigi Ltd arising out of or in connection with any claims related to a breach of clause 7.1.4;
7.1.6. Take responsibility for the accuracy and detail of all Product information (including Product descriptions, images, measurements, condition and any other supplementary information about the Products) as well as the price which the Products are sold at (“Product Sale Price”) along with stock value (the total amount of stock that Seller has available for Macrigi Ltd Customers to purchase) and the Seller’s SKU (Stock keeping Unit) of the product, ensure that this information is detailed in a listing on the SCP (“Listing”). You agree that you are responsible for the accuracy and the information provided in a Listing whether you are creating the Listing or using an existing Listing;
7.1.7. Indemnify Macrigi Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Macrigi Ltd arising out of or in connection with any claims related to inaccurate, incorrect or otherwise misleading descriptions of the Products sold on the Site;
7.1.8. Ensure that it does not misrepresent the origin of the Products through any description made of the Products via the SCP whether contained in a Listing or otherwise;
7.1.9. Ensure that all postage costs and additional postage costs displayed through the Site are accurate;
7.1.10. Ensure the quality of all Products is high;
7.1.11. Ensure the photographic quality of the Products is high and have a white background colour where possible – we recommend using professional photographs but this isn’t essential;
7.1.12. Ensure that any special refund details are displayed on the Product page (for example, no refunds (where applicable));
7.1.13. Ensure that the Seller updates the SCP with all periods of holiday (“Seller’s Holiday Period”);
7.1.14. Ensure the Seller responds to order enquires with Macrigi Ltd or Customers in a timely manner (immediately if possible, at least within 1 Working Day) unless made during the Seller’s Holiday Period;
7.1.15. Ensure that they keep up-to-date with the SCP on a daily basis, tracking orders, updating dispatches and orders and responding promptly to Customers requesting a return or raising a Dispute unless made during the Seller’s Holiday Period;
7.1.16. Ensure stock levels are accurate (and available);
7.1.17. Remove Product listings that are awaiting stock for prolonged periods (of two weeks or more) from the Seller’s SCP area until they become available;
7.1.18. Prepare a suitable invoice for each order and ensure that this is sent to the Customer when requested;
7.1.19. Ensure that where a Product should not be sold to Customers under a certain age, that the minimum age for that Product is correctly entered into the SCP (where applicable);
7.1.20. Indemnify Macrigi Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Macrigi Ltd arising out of or in connection with any claims related to a breach of clause 7.1.19;
7.1.21. Refrain from selling any Prohibited Products (as detailed in Schedule 2);
7.1.22. Refrain from uploading offensive or nude images or material or otherwise breaching Macrigi Ltd ‘s Terms of Website Use policy;
7.1.23. Indemnify Macrigi Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Macrigi Ltd arising out of or in connection with any claims related to a breach of clauses 7.1.21 or 7.1.22;
7.1.24. Refrain from using the Portal as an advertising portal, other than in listing the Products which you are selling and permitted to sell under these Terms;
Ensure all issues with regards to the Site are communicated to Macrigi Ltd via the email address: [email protected]
7.1.26. Ensure macrigi.com is used for all communication with all Customers;
7.1.27. Must not encourage direct communication with the Customer, through the use of their own email address, only macrigi.com;
7.1.28. Must not sell direct to Customers (cutting out Macrigi);
7.1.29. Comply with all relevant legislation including the provisions of the Data Protection Act 1998 and all consumer legislation; and
7.1.30. Be responsible for the collection and payment of all taxes due, including VAT (if applicable to the Seller);
7.1.31. Refrain from selling products which infringe the intellectual property or proprietary rights of a third party.
7.2. Promotion of the Seller’s own website
7.2.1. The Seller may not include a link to, or otherwise provide the address of, or promote, its (or any third party’s) website on macrigi.com, any Product or Listing on the Site, in orders shipped that were placed by the Customer on macrigi.com, or in any other means of communication with the Customer.
7.2.2. The Seller may not include its email address anywhere on the macrigi.com Site, SCP, Product or Listing or in any other means of communication with the Customer.
7.2.3. The Seller may not bid on Macrigi Ltd ‘s name, or variations of the Macrigi Ltd brand or domain name or brand name, on Google or any other search engines, or any paid search sites.
7.2.4. The Seller acknowledges and accepts that Macrigi.com is a trade mark of Macrigi Ltd.
7.2.5. The Seller may not send promotional emails or catalogues or other promotional material to Customers introduced to the Seller by Macrigi Ltd, other than those which are branded solely as from Macrigi.com or to discuss an order placed on the macrigi.com Portal.
7.3.1. The Seller must maintain computer and internet connection at its own cost and ensure it is virus free.
7.3.2. The Seller must ensure their username and password logins are kept safe and not accessed by any other party. If these details are lost they must contact Macrigi Ltd immediately via the website for new passwords.
7.4. Pricing and Order Processing Information
7.4.1. Product Sale Prices should be inclusive of any applicable VAT and will be deemed to be so (if applicable to the Seller and such applicability is to be solely determined by the Seller and not the responsibility of Macrigi Ltd);
7.4.2. The Seller acknowledges and accepts that:
18.104.22.168. It will comply with clause 12.5 of the Customer Terms in relation to incorrectly priced Products;
22.214.171.124. Where the Seller has updated the price of a Product or Products, the updated price may take up to 2 hours to display on the Site; and
126.96.36.199. Where packaging and postage costs were not correctly inputted into the SCP, the Seller has no right to pursue the Customer for additional payments once the Customer has submitted their order.
7.4.3. Sale prices can be added to the Site using macrigi.com.
7.4.4. Once the Seller has received an order through macrigi.com The Seller:
188.8.131.52. Is obliged to fulfill and dispatch the Customer order as soon as reasonably practicable and for receipt within the following timeframes which run from when the point the order is submitted by the Customer through the Site (“Timeframes”):
|Standard||5-7 Working Days||Within 2 Working Days||5 Working Days|
|Priority||2 Working Days||Within 1 Working Day||1 Working Day|
184.108.40.206. Must notify the Customer promptly through the macrigi.com at each of the following stages:
220.127.116.11.1. Dispatch of order; and
18.104.22.168.2. Any enquiries relating to the order which will be dealt with through the SCP.
7.4.5. The Seller acknowledges and agrees that Macrigi Ltd reserves the right to refund the Customer’s payment for an order if the Seller doesn’t meet the Timeframes for handling that order as detailed above, where the Customer raises as Dispute relating to delay, and Macrigi Ltd resolve the matter directly with the Seller to Macrigi Ltd ‘s satisfaction.
7.4.6. The Seller only accepts a Customer order on dispatching the Product to the Customer. For the avoidance of doubt, the debiting of a payment card shall not constitute acceptance of an order. Where a Product is not marked as dispatched within 5 days of the order being made, Macrigi Ltd will treat the order as not having been accepted unless the order has been made during a Seller’s Holiday Period in which case the 5 days will begin to run from the day after the Seller returns from their holiday.
7.4.7. Where a Seller has not accepted an order as described in 7.4.6 or where the Seller has rejected an order, Macrigi Ltd shall be entitled to refund the Customer’s payment for that order;
7.4.8. The Seller must include with all orders the appropriate invoice (if requested by the Customer), and any such additional documentation as may be provided by Macrigi Ltd ; and
7.4.9. The Seller must not include any other materials (other than packaging) with the package or order delivered to the Customer which are likely to have a commercially detrimental effect on Macrigi Ltd , the Site or the Macrigi Ltd brand.
7.5. Delivery/post and packing
7.5.1. A range of shipping options will be available for the Seller to choose to display on the Seller’s SCP area. The Seller will be responsible for selecting which options shall apply. The Seller may choose to offer any appropriate option for the Seller’s Products and may choose from free shipping, flat rate shipping, weight based shipping or multiple shipping costs where multiple Products have been ordered within the same order.
7.5.2. If additional packaging and postage costs apply to the Seller’s Products, where for example the Products are heavy, fragile, bulky or precious or perishable, the Seller is responsible for ensuring that these costs are considered on their Listing in the product Sale Price.
7.5.3. The Seller must ensure that they select the shipping options from the SCP that apply to their Product, and once an order is made, they must ensure they send it according to the postage/shipping method selected by the Customer, or better. The Seller is responsible for the shipping and liable for any losses in the post including any non-delivery, misdelivery, theft or other error or mistake in connection with Products ordered through the Site.
7.5.4. The Seller must ensure that the Product is wrapped in a professional manner suitable for the Product and must ensure a printed version of the invoice (Macrigi Ltd) for the Customer is inserted into the wrapping. The wrapping must be appropriate for the Product (bubble wrapped packages for delicate items, etc).
7.6. Returns and Refunds
7.6.1. Any requests for refunds or returns for any Product(s) by a Customer shall be dealt with directly between the Seller and the Customer through macrigi.com. The Seller will receive an email notification about these requests through macrigi.com. The Customer will receive a dispute (“Dispute”) if the product is faulty, mis-described, damaged or not delivered and the Customer will raise a cancellation (“Cancellation”) if they wish to exercise their rights under the Consumer Protection (Distance Selling) Regulations 2000.
Subject to the provisions of clause 9 of the Macrigi LTD Customer Terms
,as available through the Portal from time to time, and this clause 7, the Seller shall approve such refund through macrigi.com and refund the Customer promptly, through the macrigi.com.
7.6.3. Where the Seller triggers a refund through the macrigi.com, the Product Sales Price (and where applicable, the postage costs) paid in respect of the refunded Product(s) will be returned to the Customer.
7.6.4. You acknowledge and accept that in certain limited circumstances (e.g. where a Seller is not responding to a Customer Dispute or request for refund and Macrigi Ltd considers that a refund is fairly and properly due to the Customer) Macrigi Ltd may authorise a refund to a Customer through macrigi.com and you hereby authorise Macrigi Ltd to do so.
7.6.5. The Seller shall not issue refunds by cheque or other means.
7.6.6. The Seller shall ensure that returns and refunds relating to orders shall be processed in accordance with the following terms and conditions. For the purposes of this clause a “Cancellable Product” shall mean a Product that is capable of return and is not listed at clause 22.214.171.124:
By law, the Customer may cancel, return or obtain a refund in relation to the Products order under the Consumer protection (Distance Selling) Regulations 2000 subject to the relevant time periods set out in the Macrigi LTD Customer Terms
. The Customer will do this through their online account and you will receive an email notification from the Customer;
126.96.36.199. however (unless such Product is faulty) the cancellation right set out in clause 188.8.131.52 does not apply in the case of:
184.108.40.206. Personalised items that are specifically made to a Customer’s specification (e.g. a custom made print), except where the Customer has chosen items from pre-determined upgrade options or standard off-the-shelf components. For the avoidance of doubt, items with unopened or sealed hygiene seals may be cancelled or returned unless they are any of the following:
220.127.116.11.2. personalised items;
18.104.22.168.3. Perishable items, including food, drink and fresh flowers;
22.214.171.124.4. Audio or video recordings or computer software which a Customer has unsealed or opened;
126.96.36.199.5. Newspapers, periodicals or magazines; and
188.8.131.52.6. Items that by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied e.g. nylon tights), (each a “Non-cancellable Product”).
184.108.40.206. If the Customer requests a refund for a Cancellable Product then such refund shall be processed by the Seller as soon as possible and in any case no later than 14 days from the date the Seller received the instruction to cancel the Cancellable Product from the Customer provided the Seller receives the Product(s) back from the Customer in the condition the Customer received them/it in;
220.127.116.11. If the Customer requires a refund because a Product is faulty, damaged or misdescribed, reasonable postage and packing costs (being Royal Mail’s standard postage cost) incurred by the Customer in returning the Product(s) to the Seller must be refunded to the Customer along with the full cost of the Product;
18.104.22.168. Unless 22.214.171.124 applies, a Customer shall be required to return a Product which it has cancelled or is faulty and will be responsible for payment of the delivery, postage and packaging charges relating to the return of such Product which will be refunded under clause 126.96.36.199 (unless the Product has not arrived in which case such costs shall not apply). If the Customer fails to return the Product the Seller may charge the Customer for the direct costs of recovery of such Product;
188.8.131.52. The Seller shall provide, in its SCP area, an address in the United Kingdom to which a Customer may return a Cancellable Product; or
184.108.40.206. The Seller shall provide, the customer with a free-post return label to any address outside the United Kingdom to which a Customer may return a Cancellable Product.
7.7.1. Payment for Products on the Site shall be made directly by a Customer to Macrigi Ltd through the Portal macrigi.com, using Paypal, Gocardless o BankTransfer, once the Customer has submitted their order through the Portal. The relevant transaction shall be recorded on macrigi.com. The Seller must check macrigi.com daily for alerts of new orders.
7.7.2. The Seller hereby appoints Macrigi Ltd as its payment processing agent from the purposes of managing payments from Customers and making any necessary refunds on your behalf in line with these Terms.
7.7.3. In addition Macrigi Ltd shall notify the Seller by email of orders awaiting dispatch in their SCP, but Macrigi Ltd does not warrant the reliability of email communications.
7.7.4. Following receipt of such notification the Seller shall process each and every order with the Customer in accordance with the Timeframes, using the Seller’s SCP access. Upon dispatch of each order, the Seller shall further confirm this with the Customer, through their SCP by clicking the “Dispatch” button. This also signifies acceptance of the Customer’s order.
7.7.5 Subject to clause 7.7.7, Macrigi Ltd shall notify Paypal, Gocardless o BankTransfer to pay the Seller the Product Sales Price together with shipping costs for the relevant Product(s) less any applicable Product Boost Fee (subject to applicable VAT) immediately, in the Seller’s Paypal, Gocardless o BankTransfer account (the “Balance Due”).
7.7.6. Sometimes a Customer may pay for Products using Vouchers or Loyalty Points (as defined in our Vouchers and Loyalty Points Terms) which we have issued to them through the Portal. However this shall not affect your right to receive payment as set out in clause 7.7.5.
7.7.7. Macrigi Ltd reserves the right to change the Monthly Subscription Fees or the Product Boost Fee upon providing the Seller with 30 days’ written notice.
7.7.8. Macrigi Ltd will provide the Seller with a VAT invoice (“VAT Invoice”) on a monthly basis. The VAT Invoice will be prepared and provided to the Seller during the subsequent month following the period for which the VAT Invoice relates e.g. the VAT Invoice relating to the calendar month of February will be prepared on first day of March, the VAT Invoice relating to the calendar month of March will be prepared on 1st April.