Terms and Conditions
Last Updated: 25th March 2021
Overview
Welcome to the Globes Marketplace website (the “Site”). Throughout the Site, the terms “we”, “us” and “our” refer to Globes Marketplace. We provide services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement").
By visiting our Site and/ or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Accessing, browsing or otherwise using the Site indicates your agreement to all the terms and conditions in this Agreement, so please read this Agreement carefully before proceeding.
In addition, any new features that are added to the store will also be subject to the Terms and Conditions. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Using Globes Marketplace
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local and international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Intellectual Property
The intellectual property rights in all content (including logos and photographic images) made available to you on or through this Site remains the property of Globes Marketplace and are protected by copyright laws and treaties around the world.
Products and Availability
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.
Terms of Sale and Payment
By placing an order, you are offering to purchase a product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
You can pay for items on the Site using the following payment options: Paypal and Credit and Debit Cards.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible. We will also carry out a standard authorisation check to verify your identity and personal information.
Once the goods have been dispatched, you will receive a confirmation email or tax invoice for the value of goods you have purchased as listed in said email or invoice.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total’.
Your Rights
Globes Marketplace operates as middle-man to connect you with vendors that use our marketplace, you have a contract with individual vendors when you make a purchase. Each vendor has a shipping and returns policy that explains their procedures. In the event of a dispute Globes Marketplace will help arbitrate if contact directly with the vendor does not resolve your issue. We can issue refunds directly to you if the need arises.
Vendor’s Obligations
- Order Cancellations, Refunds and Returns: All item returns, order cancellations or refunds are handled by you and not Globes Marketplace and are subject to your cancellation, refund and return policy, as may be stated on your store site under the “Details” section of your listing. Customers are therefore responsible for reviewing your policy prior to purchasing an item on the Site.
- Shipping and Delivery: You decide how you want to ship. Choose the shipping option that offers the greatest value and convenience for you.
- Taxes: You are responsible for paying taxes and other government-imposed fees associated with using our Site, in accordance with all applicable laws.
Commission
We charge a fee when a Vendor’s item sells. This fee is calculated as a percentage of the total amount of the sale, which is 10%.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
In addition, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Comments. We may, but shall not be obligated to, remove or edit any Comments for any reason.
Listing Conditions
When listing an item for sale on our platform, you agree to comply with the following:
- You assume full responsibility for the item offered and the accuracy and content of the listing;
- For handmade products:
- Products must be designed and produced by you or a small group.
- Production methods using hand tools and light machinery are allowed if used by individuals in their home, studio, or workspace; however, mass production using assembly lines or automation technology are not allowed.
- Hand altered, pre-made items, upcycling or taking a used item and improving its value through some sort of manipulation are acceptable.
- Repurposing, or taking an item and using it or its component parts/pieces for something entirely new or different is allowed.
- The following are not allowed:
- Outsourcing of product production
- Drop-shipping of products
- Reselling products by third parties
- Digital/downloadable products, food/grocery items, and electronics
- The content you provide to potential buyers must be an accurate representation of your items and you are not infringing on anyone else’s content rights. You should therefore write your own descriptions and use your own images;
- Content that violates any of Globes Marketplace’s policies may be modified, obfuscated or deleted at its sole discretion;
- Only one fixed price listing of an identical item can be listed at the same time, from the same seller. This is to ensure buyers see a wide variety of options from different sellers;
- You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Globes Marketplace has no responsibility or liability for the safety or performance of any product that you list or sell through the services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell through the services.
Prohibited/Restricted Items
These items may not be listed on Globes Marketplace:
- Adults only
- Drugs and drug paraphernalia
- Embargoed goods and prohibited countries
- Firearms, weapons and knives
- Government, transit, postal items and official items policy
- Hazardous, restricted, or regulated materials
- Items encouraging illegal activity
- Lock-picking devices
- Mailing lists and personal information
- Medicine and healthcare products policy
- Offensive material
- Police-related items
- Prescription drugs
- Prohibited services
- Stolen property
These items may only be listed on Globes Marketplace under certain conditions:
- Alcohol
- Animals and wildlife products
- Artefacts, antiques, cultural items and grave-related items
- British titles
- Catalogue sales
- Charity or fundraising listings
- Clothing, used
- Contracts
- Cosmetics, used
- Counterfeit currency and stamps
- Credit cards
- Digitally delivered goods
- Electrical and electronics equipment
- Event tickets
- Gaming (slot/fruit) machines
- Human parts and remains
- Perishable goods
- Plants and seeds
- Postage metres
- Property
- Recalled items
- Stocks and other securities
- Tobacco
- Travel
- Unlocking software
- Vouchers
Errors or Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Please see “Order Cancellations, Refunds and Returns” for more information.
Third Party Links
This Site may contain links to other sites on the internet that are owned and operated by third-parties. You acknowledge that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Counterfeit Items
Counterfeit products are illegal and not allowed on Globes Marketplace. As such, if you are not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed. We may remove listings if we receive buyer complaints that the item is not authentic. These items may not be relisted.
Activity that doesn't follow our policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, buying or selling restrictions and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
Right to Terminate Accounts
You reserve the right to suspend or terminate any account at any time for any reason by either logging into your account settings and updating your account. Alternatively, you may request us to terminate your account. We will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements. Please see our “Privacy Policy” for more information.
Opting out of Email Marketing
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
Legal Limitation
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this Agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other users in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other users.
Release
If you have a dispute with one or more users on the platform, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
Indemnification
You agree to indemnify, defend and hold harmless Globes Marketplace and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Governing Law and Jurisdiction
These Terms and Conditions and any separate agreements shall be governed by and construed in accordance with the laws of the United Kingdom.
Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Notice
All notices must be in writing via email or addressed to Globes Marketplace at 10 New Bartholomew Street, Birmingham, B5 5QS. Notices to customers will be considered validly given if addressed to their address.