The website is owned and run by Steel City Digital trading as This Is Sheffield. Steel City Digital is a company registered in England and Wales under company number 13022442 and with its registered office at Flat 3, Cornish House, 3 Adelaide Lane, Sheffield, S3 8BJ. To contact us, please see our Contact This Is Sheffield page.
The Site is a marketplace for independent third-party sellers (each a Seller with their own shop (“Seller Shop”)) to sell Products to you.
Please note that although This Is Sheffield provides the marketplace to help facilitate transactions, which are carried out through the Site, This Is Sheffield is neither a buyer nor a seller of the Products. Therefore, before placing an order you must mark that you are happy with the Terms and Conditions of the Seller you are dealing with as we cannot give any guarantee or warranty as to the Products supplied by the Seller.
Should you proceed to purchase a Product through the Site the contract is formed solely between you and the Seller (Contract).This Is Sheffield is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is This Is Sheffield acting as the Seller’s agent. Therefore, the Terms set out below apply to the Contract between you and the Seller and references in the Terms to “we”, “us” and “our” shall relate to the Seller.
A Contract will comprise of these Terms (and any other documents referred to therein), and the information on the Seller Shop page.
The Terms (and the documents referred to in them) may be updated from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12th November 2020.
Terms of Contract with Seller
These Terms will apply to any Contract between you and the Seller for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms by checking the tick box before submitting your order. If you refuse to accept these Terms, you will not be able to order any Products from the Site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between you and the Seller, are only in the English language.
Information About Sellers
Information on each Seller are available on the Seller Shop page.
The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site have a 5% disparity.
- The packaging of the Products may vary from that shown on images on the Site.
- All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will process a refund of the full amount to your payment card as soon as practicably possible.
- Your use of the Site is governed by This Is Sheffield Terms of Website Use. Please take the time to read this document as it includes important terms which apply to you.
- In particular, you agree:
- to post or publish feedback on Sellers or Products which is honest, fair and factual; and
- to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way
- Due to the volume of Seller and Products on the Site we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal or offensive posts immediately by contacting us via email at firstname.lastname@example.org. We will then review these and take the appropriate action.
- You acknowledge and accept that your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in your access to the Site being blocked.
How We Use Your Personal Information
This clause 5 only applies if you are a consumer.
- As a consumer, you may only purchase Products from the Site if you are at least 18 years old.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If You Are A Business Customer
This clause 6 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
- These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
How The Contract Is Formed Between You And Us
- Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.5. Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you at any time before we dispatch the Product(s) to you.
- Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you within 30 (thirty) minutes of placing the order. Thereafter, a Cancellation request will be sent to the Seller for review. The Cancellation is at the Seller’s discretion – there is no guarantee that your order will be cancelled.
- The Contract between us is formed when your order is placed.
- If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 12.5), we will inform you of this by e-mail and we will process a refund of the full amount to your payment method as soon as practicably possible.
This Is Sheffield’s Right To Vary These Terms
- These Terms may be updated from time to time in the following circumstances:
- changes in how we accept payment from you; and
- changes in relevant laws and regulatory requirements.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.
Your Consumer Right Of Return And Refund.
This clause 9 only applies if you are a consumer.
- As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described under the Consumer Rights Act 2015. As such, Product(s) must be:
- Of satisfactory quality – i.e. not faulty or damaged;
- Fit for purpose – the Product(s) should be suited to the purpose they are supplied for;
- As described – the Product(s) must match the given description.
- You have a legal right to cancel a Contract under the Consumer Contracts Regulations during the period set out below in clause 9.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of:
- any products made to your specification, clearly personalised, custom-made or commissioned in any way;
- newspapers, periodicals or magazines;
- perishable goods, including but not limited to food, drink or fresh flowers;
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
- Your legal right to cancel a Contract starts from the date on which the order is processed, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 30 (thirty) working days in which you may cancel, starting from the day after the day you receive the Product(s).
- To cancel a Contract, you will be required to email us using the contact details found in our Seller Shop.
- You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4 provided that we receive the returned Product(s) in the condition you received them/it in. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
- If you have returned the Products to the Seller under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We will refund you via the payment method used by you to pay within 14 days of you requesting the refund through the online system, provided that where you are due to return the Product(s) to us, you have done so within 14 days of the Seller requesting that you do so.
- If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable. If the Products require collection, we may arrange to collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. Where a collection is possible, we will confirm the charges for a collection of the Products before arranging a collection with you;
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- Details of your legal right to cancel and an explanation of how to exercise it are set out in clauses 9.1 and 9.4.
- As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we may contact you with a revised estimated delivery date.
- Delivery will be completed when we deliver the Products to the address you gave us.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- The Customer acknowledges that the This Is Sheffield is unable to deliver products outside of the UK
Price Of Products And Delivery Charges
- The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
- The price of a Product includes VAT (where relevant) at the applicable current rate chargeable in the UK for the time being.
- The price of a Product does not always include delivery charges. If this is not the case, our delivery charges are as quoted on the Site. To check current delivery charges, please refer to the relevant Seller Shop page for the Product you are ordering.
- The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product’s correct price is less than the price stated on the Site, we will issue you with a refund for the difference between the price you paid and the actual price of the Product. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product’s correct price is higher than the price stated on the Site, we will contact you by email as soon as possible to inform you of this error. We will then give you the option of cancelling your order or cancelling your order and continuing to purchase the Product at the correct price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process within 7 days, we will treat the order as cancelled and notify you in writing.
- You can only pay for Products using any major debit or credit card through This Is Sheffield’s online payment processing system. We accept the following cards: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX). The currency displayed will always show in GBP (£).
- Payment for the Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase.
- Please note that your payment made through the Site will be received by us (the Seller) via This Is Sheffield. These arrangements shall not affect any rights that you may have against us under these Terms.
- Some of the Products we sell to you may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
- If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Where the Products are supplied for use by your business, you agree not to use the Product for any re-sale purposes.
- Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Subject to clause 15.2, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Subject to clause 15.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Events Outside Of Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications Between Us
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us by the email address listed on our Seller Shop.
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- The Contract is between you and us and subject to clause 19.4 – no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- This Is Sheffield shall be entitled to enforce the Contract and Terms under the Contracts (Rights of Third Parties) Act 1999.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that a Contract, 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. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- We will not file a copy of the Contract between us.
- These provisions set out the terms and conditions (“Terms”) on which you (the “Seller”, “your”) may become a member of the This Is Sheffield website (“Site”) to sell products which must not be Prohibited Products (as defined in Schedule 1) (“Products”) to customers of the Site (“Customers”).
The Site is operated by Steel City Digital trading as (“This Is Sheffield”, “us”, “we” and “our”). We are registered in England and Wales under company number 13022442 and with our registered office address at Flat 3, Cornish House, 3 Adelaide Lane, Sheffield S3 8BJ. To contact us, please see our Contact Us page – https://www.thisissheffield.com/contact/.
- This Is Sheffield allows Sellers to list and sell their Products on the Site contracting on the standard set of This Is Sheffield Customer Terms. Please note that although This Is Sheffield provides the marketplace to help facilitate transactions, which are carried out through the Site, This Is Sheffield is neither a buyer nor a seller of the Products.
- Where a Customer orders a Product through the Site, the contract is formed solely between the Seller and the Customer at the completion of the sale (Contract). A Contract will comprise of the This Is Sheffield Customer Terms (and any other documents referred to therein), the email confirmation of the Customer’s order and the information on the Seller’s shop (“Seller’s Shop”). This Is Sheffield is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is This Is Sheffield acting as the Seller’s agent.
- The Terms (and the documents referred to in them) may be updated from time to time and the Seller is to be given written notice of such updates. These Terms were most recently updated on 12th November 2020.
- Seller details are displayed on the Site on the Seller’s Shop (linked to from the Product pages).
- During the application process the Seller will be asked to input their address. This country must be a UK country.
- Sellers from a country outside of the UK will not have their application accepted.
- Once the Seller has successfully completed the application process, and this has been accepted, the Seller will be emailed access to their own dedicated area of access called the Store Manager. There the Seller can upload, update and review detailed Listing information (as defined below) for its Products (photos, text, shipping methods etc). Orders will be logged into the Store Manager. From here, the Seller will be able to manage Customer orders, view and manage Disputes (as defined at clause 7.6.1), view and print sales history between the Seller and This Is Sheffield, update and manage stock levels, view performance reports, manage their subscription and handle Customer feedback. All financials will be stored in the Store Manager and all communication with the Customers and This Is Sheffield team will be made through the Store Manager.
- The Seller will then be able to either create a new Listing (as defined at 7.1.6) or use an existing Listing to list their Products.
- Should This Is Sheffield choose to restrict the Seller’s access to the Store Manager for reasons set out in these Terms, the Seller will only have access that enables them to view and manage current orders, view invoices between the Seller and This Is Sheffield, mark orders as dispatched and handle Customer feedback (“Restricted Access”). Whilst a Seller has Restricted Access, its Listings will not be visible to Customers and Customers will not be able to place orders with the Seller.
- Once payment is made by a Customer, the funds will be paid straight to the Seller’s Stripe payment account, minus the commission fee in accordance with the process set out under clause 6.2.
Commencement And Duration
- The Seller’s membership will commence on the later of:
- the Seller having confirmed their acceptance of these Terms; and
- the date on which we have approved the Seller’s application, and we have granted the Seller access to the Store Manager (“Commencement Date”).
- Sales Fee
- When a sale is made for a Sellers Listing, the Sales Fee is payable by the Seller, which is a 15% percentage of the Product Sales Price.
Seller Commitments And Order Processing
- In signing up to these Terms, the Seller commits to:
- sell Products in accordance with the This Is Sheffield Customer Terms and comply with the This Is Sheffield Customer Terms in all material respects;
- supply only Products that can be delivered to the Customer within the Timeframes stated at clause 184.108.40.206. For the purposes of these Terms a “Working Day” means any day that is not a Saturday, Sunday or Bank Holiday in the UK;
- 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;
- 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 This Is Sheffield 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;
- indemnify This Is Sheffield against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by This Is Sheffield arising out of or in connection with any claims related to a breach of clause 7.1.4;
- 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 This Is Sheffield Customers to purchase) and the Seller’s SKU (Stock keeping Unit) of the product, ensuring that this information is detailed in a listing on the Store Manager (“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;
- indemnify This Is Sheffield against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by This Is Sheffield arising out of or in connection with any claims related to inaccurate, incorrect or otherwise misleading descriptions of the Products sold on the Site;
- ensure that it does not misrepresent the origin of the Products through any description made of the Products via the Store Manager whether contained in a Listing or otherwise;
- ensure that all postage costs and additional postage costs displayed through the Site are accurate;
- ensure the quality of all Products is high;
- ensure the photographic quality of the Products is high – we recommend using professional photographs but this isn’t essential;
- ensure that the Seller updates the Store Managerwith all periods of holiday (“Seller’s Holiday Period”);
- ensure the Seller responds to order enquiries with This Is Sheffield or Customers in a timely manner (immediately if possible, at least within 1 Working Day) unless made during the Seller’s Holiday Period;
- ensure that they keep up to date with the Store Manager 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;
- ensure stock levels are accurate (and available);
- remove Product listings that are awaiting stock for prolonged periods (of two weeks or more) from the Seller’s Store Manager area until they become available;
- prepare a suitable invoice for each order and ensure that this is sent to the Customer when requested;
- refrain from selling Products that should not be sold to Customers under a certain age;
- indemnify This Is Sheffield against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by This Is Sheffield arising out of or in connection with any claims related to a breach of clause 7.1.18;
- refrain from selling any Prohibited Products (as detailed in Schedule 1);
- refrain from uploading offensive or nude images or material or otherwise breaching This Is Sheffield’s Terms of Website Use policy;
- indemnify This Is Sheffield against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by This Is Sheffield arising out of or in connection with any claims related to a breach of clauses 7.1.20 or 7.1.21;
- refrain from using the Site 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 This Is Sheffield via the email address: email@example.com;
- ensure the Store Manager is used for all communication with all Customers;
- not encourage direct communication with the Customer, through the use of their own email address, only the Store Manager;
- comply with all relevant legislation including the provisions of the Data Protection Act 2018 and all consumer legislation; and
- be responsible for the collection and payment of all taxes due, including VAT (if applicable to the Seller);
- refrain from selling products which infringe the intellectual property or proprietary rights of a third party.
- Promotion of the Seller’s own website
- The Seller may include a link to, or otherwise provide the address of, its own website on the Seller’s shop.
- The Seller must maintain computer and internet connection at its own cost and ensure it is virus free.
- 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 This Is Sheffield immediately via the website for new passwords.
- Pricing and Order Processing Information
- 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 This Is Sheffield);
- Product Sale Prices should not exceed £1,000 inclusive of tax and shipping. Product listings with Product Sale Prices exceeding £1,000 will be removed from the Site.
- The Seller acknowledges and accepts that:
- it will comply with clause 12.5 of the Customer Terms in relation to incorrectly priced Products;
- 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
- where packaging and postage costs were not correctly inputted into the Store Manager, the Seller has no right to pursue the Customer for additional payments once the Customer has submitted their order.
- Sale prices can be added to the Site using the Store Manager.
- Once the Seller has received an order through the Store Manager,
- is obliged to fulfil and dispatch the Customer order as soon as reasonably practicable.
- must notify the Customer promptly through the Store Manager or directly at each of the following stages:
- dispatch of order; and
- any enquiries relating to the order which will be dealt with through the Store Manager or directly.
- The Seller acknowledges and agrees that This Is Sheffield 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, or if the Customer raises a Dispute relating to delay, and This Is Sheffield resolves the matter directly with the Seller.
- 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 28 days of the order being made, This Is Sheffield will treat the order as not having been accepted.
- Where a Seller has not accepted an order as described in 7.4.6 or where the Seller has rejected an order, This Is Sheffield shall be entitled to refund the Customer’s payment for that order.
- 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 This Is Sheffield; and
- 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 This Is Sheffield, the Site or the This Is Sheffield brand.
- Delivery/post and packing
- A range of shipping options will be available for the Seller to choose to display on the Seller’s Store Manager 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.
- 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.
- The Seller must ensure that they select the shipping options from the Store Manager 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.
- 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 for the Customer is inserted into the wrapping. The wrapping must be appropriate for the Product (bubble wrapped packages for delicate items, etc).
- Returns and Refunds
- 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 the Store Manager. The Seller will receive an email notification about these requests through the Store Manager. This request for a refund will then need to be approved by This Is Sheffield. If a Customer contacts This Is Sheffield with a request for a refund or return, this will be passed on to the Seller and will become their responsibility. The Customer will raise a dispute (“Dispute”) if the product is faulty, mis-described, damaged or not delivered and the Customer will request 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 This Is Sheffield Customer Terms, as available through the Site from time to time, and this clause 7, the Seller shall approve such refund through the Store Manager and refund the Customer promptly, through the Store Manager.
- Where the Seller triggers a refund through the Store Manager, the Product Sales Price (and where applicable, the postage costs) paid in respect of the refunded Product(s) will be returned to the Customer once approved by This Is Sheffield.
- The Seller shall not issue refunds by cheque or other means.
- 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 220.127.116.11:
- by law, the Customer may cancel, return or obtain a refund in relation to the Products order under the Consumer Contracts Regulations (effective as of the 13th of June 2014) within 14 (fourteen) days of the delivery of the Products, however This Is Sheffield requires sellers to offer a returns period of 30 (thirty) days. The Customer will do this by emailing the email address listed on your Seller Shop;
- however (unless such Product is faulty) the cancellation right set out in clause 18.104.22.168 does not apply in the case of:
- 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:
- personalised items;
- perishable items, including but not limited to food, drink and fresh flowers;
- audio or video recordings or computer software which a Customer has unsealed or opened;
- newspapers, periodicals or magazines; and
- 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”).
- 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;
- 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.
- Payments for Products on the Site shall be made to the Seller immediately via This Is Sheffield, using Stripe. Transactions shall be recorded on the Seller’s designated Store Manager. The Seller must check the Store Manager daily for alerts of new orders.
- Once the Customer has submitted their order through the Site, funds are taken from the Customer and moved via the This Is Sheffield Stripe account directly into the Seller’s Stripe account, where it will be held for 7 working days before the funds are released from Stripe to the Seller.
- The Seller hereby appoints Stripe 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.
- The Seller shall process each and every order with the Customer in accordance with the Timeframes, using the Seller’s Store Manager access. Upon dispatch of each order, the Seller shall further confirm this with the Customer, through their Store Manager by clicking the “Complete” button.
Limitation Of Liability And Indemnity
- Nothing in these Terms shall limit or exclude our liability:
- for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
- fraud or fraudulent misrepresentation;
- Subject to clause 8.1:-
- we shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise; and
- our total liability to you in respect of all other losses arising under or in connection with the sale of the Products to the Customers and these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount in Monthly Subscription Fees that you have paid to us in the past 12 months; and
- we shall not be liable to you in relation to the Products. It is your responsibility to take out the relevant insurance necessary to cover the Products you are supplying to Customers, both in the event that they were lost or damaged in transit or that they could cause injury or damage to the customer or their property (PLI).
- Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
- The Seller shall indemnify and hold This Is Sheffield harmless against all liabilities, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Seller’s use of the Site.
- From time to time, it will be necessary for This Is Sheffield to perform Site updates and carry out maintenance of the Site. Although we will try to do this at times which are least likely to inconvenience our Sellers and Customers, and we will always try to notify Sellers of any planned maintenance, we shall have no liability to you for loss of profits or other losses caused by maintenance carried out on the Site or downtime of the Site.
- Without limiting our other rights or remedies, we may terminate these Terms with immediate effect by giving written notice to you if:
- you commit any continuing or material breach of any of the provisions of these Terms and, in the case of such a breach which is capable of remedy, fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
- an encumbrancer takes possession or a receiver (or similar office holder) is appointed over any of your property or assets;
- you make any voluntary (or similar) arrangement with your creditors, an administrator is appointed or you are subject to insolvency proceedings in any jurisdiction;
- you go into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation and in such manner that the company resulting from the reorganisation effectively agrees to be bound by or to assume the obligations imposed on that other party under these Terms);
- you cease, or threaten to cease, to carry on business;
- you have at least 5% of your total Product sales for the preceding month returned by Customers in the subsequent month; or
- Without limiting our other rights or remedies, we shall have the right, at our election, to:
- terminate your access to the Store Manager by giving you 2 weeks written notice; and/or
- terminate these Terms.
- Without limiting your other rights or remedies, you shall have the right to terminate these Terms by giving us 2 weeks written notice via email and the Seller will not be held accountable for any costs which have been incurred.
- Without limiting our other rights or remedies, we shall have the right to suspend your access or grant you only Restricted Access to the Store Manager if you breach any of the terms listed in clause 7.
Consequences Of Termination
On termination of these Terms:
- you shall ensure that all orders placed before termination are fulfilled where your level of access to the Store Manager permits you to do so;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of these Terms shall not be affected. This includes the right to claim damages in respect of any breach which existed at or before the date of termination or expiry;
- all licences granted under these Terms will expire on termination;
- clauses which expressly or by implication have effect after termination shall continue in full force and effect; and
- you acknowledge and accept that we reserve the right to pass your contact details to a Customer where, on termination of these Terms, there remain any Disputes or issues which are unresolved between you and the Customer.
- This Is Sheffield will take all precautions to securely store all of the Seller’s Product and business information and will not share with any third party, unless specific permission is granted by the Seller.
- The Seller will not disclose any details of correspondence or operations (including the operations of the Store Manager and marketing plans) to any third parties.
- The obligations of confidentiality under these Terms shall remain in effect for 2 (two) years after the termination or expiry of these Terms.
Intellectual Property Rights
- The copyright, design rights and all other intellectual property rights in the Site (including those in any materials and other documents or items that we prepare or produce in connection with the Site) will belong to us absolutely.
- You may not use the materials, documents or other items detailed in clause 12.1 above without This Is Sheffield’s prior written consent.
- You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a Listing will belong to us absolutely or have been licensed to us. Listing a Product against a Listing does not grant you any intellectual property rights in that Listing.
- We hereby grant you a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, each Listing for the sole purpose of advertising the Product(s) which you sell through the Site.
Seller’s IPR Warranty And Indemnity
- The Seller warrants to This Is Sheffield that it is the legal beneficial owner of all the IPR and/or possesses a valid licence to use the IPR in the materials which include the data, information (including Seller Information), photographs, logos and images it provides or uploads to This Is Sheffield and the use of its IPR by This Is Sheffield pursuant to these Terms will not infringe IPR owned by any third party and that there is and will be no claim against This Is Sheffield by any third party arising in relation to its IPR.
- The Seller shall indemnify This Is Sheffield and hold This Is Sheffield harmless against any and all damages, liabilities, costs, expenses and losses arising out of or relating to any non-compliance or breach of this clause 13.
- For the purposes of clauses 12 and 13 “IPR” shall mean copyright and related rights, trademarks, and service marks, business names and domain names, rights in set-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in computer software, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
- We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
- No party shall assign, transfer, charge, subcontract or deal in any other manner with any of our rights or obligations under these Terms.
- No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
- If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable (or indications to that effect are received by us from any competent authority) then that provision shall be limited or eliminated to the minimum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
- Nothing in these Terms is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us, nor constitute us your agent. You shall have no authority to act as our agent or to bind us in any way.
- These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- No variation of these Terms shall be binding unless made in writing and signed by you and us.
- These Terms apply to the exclusion of any other terms that you seek to impose.
- These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms.
- References in these Terms to “writing” includes e-mail.
If a product is defined as a Prohibited Product by This Is Sheffield, it must not be sold on the Site. You may not sell any of the following:
- Products that are illegal in any way or contravene local rules or legislation;
- Beer, Wine, Spirits, and liqueur confectionery.
- Perishable/ Fresh Food
- Weapons, including but not limited to:
- Firearms and all associated parts, kits and ammunition; realistic imitation firearms; air weapons, air guns, BB guns and airsoft guns (not including toy guns, provided they are not realistic imitation firearms)
- Spear guns; mace; black powder, and all explosives
- Crossbows (all types, but not including toy crossbows that shoot plastic/foam darts)
- Slingshots/catapults (not including toys such as catapults that come with an action figure toy)
- Offensive weapons as defined in the UK Criminal Justice Act 1988
- Any ammunition, kits, spares, or accessories for any of the above
- Fireworks or other pyrotechnics
- Animal parts or products;
- Counterfeit, unauthorised or unlicensed merchandise;
- A toy not marked with the CE mark; or
- A medical device not marked with the CE mark; or
- An electronic good not marked with the CE mark, without a plug, or which has been subject to a product safety recall;
- An electronic good without a 3-pin UK plug (excluding shavers and similar electrical grooming Products);
- A Product which infringes the IPR of a third party;
- Offensive and/or Controversial Materials, classified as Products that promote, incite or glorify hatred or violence towards any person;
- Medicinal Products not authorised for sale in the UK, or in a format the MHRA defines as requiring a prescription or supervision by a licensed practitioner;
- Veterinary medication not authorised for sale in the UK, or defined as requiring a prescription by the VMD;
- Unauthorised or restricted chemicals including but not limited to biocides, pesticides, and detergents.
If you are unsure as to whether a Product is a Prohibited Product or not, please email firstname.lastname@example.org and we can let you know