Terms of Use
(1) Introduction
These terms of use govern your use of the BOJEST website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you register with www.bojest.com, we will ask you to expressly agree to these terms of use.
We provide a forum for users to advertise, browse, buy and sell products. We are not party to the sales or purchases of products via this website, and subject to the first paragraph of Section [18] we will not be liable to any person in relation to any contract for the sale and purchase of products. See Section [11] for more details of our role.
You must be at least 18 years of age to use our website. By using www.bojest.com and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.
We will not file a copy of these terms of use specifically in relation to each user and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.
These terms of use are provided in the English language only.
Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our [privacy policy / cookies policy].
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or content from the website or your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;(c) show any material from the website in public;
(d) edit or otherwise modify any material on the website (other than editing your store and product listings using our website interface);
(e) reproduce, duplicate, copy or otherwise exploit material on our website for commercial purposes or personal purposes.
(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.
Where content is specifically made available for redistribution, it may only be redistributed within the restrictions set out by BOJEST at the time of publication.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
We may vary the services available on our website in our absolute discretion at any time, with or without notice.
(3) Acceptable use and legal compliance
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use data collected from our website to contact individuals or companies or other organisations for any reason (other than for the purpose of bona fide communications relating to products advertised or sold via our website).
You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must comply with all applicable laws in relation to any proposed or actual sale or purchase of products via our website.
(4) Buyer registration
Providing you are at least 18 years of age, you may register with the website as a buyer by.
We will ask buyers to agree to these terms of use during the registration process.
You must not register with the website as a buyer if you do not meet the requirements specified above.
You will have the opportunity to identify and correct input errors prior to registering as a buyer.
(5) Seller registration
Providing you are at least 18 years of age, are acting in the course of a business and not as a consumer. And your items are handmade original designs, or vintage products. You may register with the BOJEST as a seller by following the instructions on the website.
We will ask sellers to agree to these terms of use during the registration process.
You must not register with the website as a seller if you do not meet the requirements specified above.
You will have the opportunity to identify and correct input errors prior to registering as a seller during the registration process.
(6) Seller services
Once you are registered with the website as a seller, you may:
(a) create your own store on the website.
(b) submit product listings to the website.
In order to create a store on the website, you must take the following steps: enter your full name, address, contact details and email address. You must also have a paypal account.
In order to submit a product listing to the website, you must take the following steps: insure that the product follows our guidelines.
Product listings that are submitted will be individually reviewed within 48 hours following receipt.
Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete product listings that in our reasonable opinion breach these terms of use, or that do not in our reasonable opinion meet the additional guidelines for product listings published on our website. If we reject or delete a product listing on this basis, we will not refund any applicable charges
If we do not reject or delete a product listing, it will remain published on our website for a period of 14 weeks. After this period of time you have the opportunity to re-list the item on your shop.
(7) Listing rules
Product listings submitted to our website must constitute bona fide listings relating to handmade products and original art and must be true, fair and accurate in all respects.
Product listings must be allocated to the appropriate category or categories.
For the avoidance of doubt, product listings must comply with the “acceptable use” provisions above, and the “user content” provisions below.
You must keep your product listings up-to-date using our website interface. In particular, you must remove any product listings that have ceased to apply for example, because the goods advertised are no longer available.
If you become aware of any product listings on our website that breach these terms, you must notify us immediately.
You must ensure that all prices specified in or in relation to a product listing are in pounds Sterling only.
We may delete any product listing in our sole discretion at any time, with or without notice or explanation.
If a transaction or sale between the seller and buyer is canceled, the commission due to BOJEST is till payable, and the seller agrees to pay BOJEST.
(8) Product rules
The only products, which may be the subject of a product listing are those listed in the categories on the BOJEST website.
You must not use this website to advertise, buy, sell or supply services or downloads, or other intangible products.
You must not sell or offer to sell via our website any product that:
(a) breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;
(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 3, 7 or 15.
(c) is or relates to: (i) drugs, narcotics, steroids or controlled substances; (ii) pornography; (iii) obscene, indecent or sexually explicit materials; (iv) knives, swords, firearms or other weapons; (v) ammunition for any weapon; (vi) items that encourage or facilitate criminal acts or civil wrongs; or (vii) items that encourage or facilitate the infringement of any intellectual property right.
(9) The selling and buying process
You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user (and accordingly that you commit to buying or selling the relevant product or products) in the following circumstances:
(a) you must add the products you wish to purchase to the shopping cart, and then proceed to the checkout;
(b) if you are a new user, you must create a buyer account with the website and log in; if you already have a buyer account with the website, your must enter your login details;
(c) once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms of use and applicable terms and conditions of sale;
(d) the buyer will be transferred to the Paypal website, and Paypal will handle the buyer's payment to the seller; buyers must submit payment in full via Paypal, credit or debit card];
(e) the website will then send to the buyer an automatically generated acknowledgement of payment; and
(f) once the seller has checked whether it is able to meet the buyer's order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) or the seller will confirm by email that it is unable to meet the buyer's order.
(10) Terms and conditions of sale
A seller must use the website interface to create legal notices that will apply to the relationship between that seller and that seller's customers. Sellers are responsible for ensuring that such legal notices are sufficient to meet the seller's legal disclosure obligations and other legal obligations. Sellers must comply with all laws applicable to their product listings and sales, including where applicable the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
If a transaction or sale between the seller and buyer is canceled, the commission due to BOJEST is till payable, and the seller agrees to pay BOJEST.
Except to the extent that a buyer and seller expressly agree otherwise / Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
(a) the price for a product will be as stated in the relevant product listing;
(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;
(c) deliveries of products must be made within [30] days of date the contract of sale coming into force;
(d) appropriate means of delivery of products must be used by the seller;
(e) Products must conform in all material respects to the description of the products in the product listing and any other information provided by the seller to the buyer; and
(f) under the Distance Selling Regulations, a buyer (who is a consumer) may cancel a distance contract with a seller (acting in the course of a business) to purchase a product or products from the seller at any time within 7 working days after the day the buyer receives the relevant products or products (subject to the limitations set out in this paragraph). In order to cancel a contract in this way, the buyer must give to the seller written notice of cancellation. The buyer will have no such right of cancellation insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by the buyer; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which the seller cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to the buyer's specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. If the buyer cancels a contract on this basis, the buyer must promptly return the products to the seller, in the same condition in which the buyer received them. If the buyer cancels a contract on this basis, the buyer will be refunded in full (including the cost of sending the products to the buyer). However, the buyer will be responsible for paying the cost of returning the product to the seller. If the buyer cancels a contract on this basis and does not return the products to the seller, the seller may recover the products and charge the buyer for the costs the seller incurs in doing so. Similarly, if the buyer returns the products at the seller's expense, the seller may pass that expense on to the buyer.
(g) private commissions,
Both buyers and sellers acknowledge that the terms and conditions set out above take precedence over any other terms and conditions agreed between the buyer and the seller.
Both buyers and sellers undertake to comply with the terms and conditions of sale and purchase agreed between the buyer and sellers.
(11) Our role
You acknowledge that:
[(a) we do not confirm the identity of buyers or sellers, check the credit worthiness or bona fides of buyers or sellers, or otherwise vet buyers or sellers.
[(b) we do not check, audit or monitor the information contained in stores or product listings on BOJEST.
(c) we are not party to the sale or purchase of products advertised on the website;
(d) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers and
(e) we are not the agents for any buyer or seller,
and accordingly we will not be liable to any person, whether acting as buyer or seller or otherwise, in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between parties to any such contract.
For the avoidance of doubt, the provisions of this Section [11] are subject to the first paragraph of Section [18].
(12) Payments
Sellers must pay to us the charges specified in this Section [12].
We will process all payments in respect of products made by buyers to sellers, and will account to sellers for such payments in respect of each calendar month on or before the end of the following [calendar month]. Payments to sellers will be made via PAYPAL.
The applicable seller charges in respect of stores / product listings / product sales will be as set out on our website from time to time.
All our charges stated on the website are stated exclusive of VAT (unless the context requires otherwise).
We may vary charges and rates from time to time by posting new charges and rates on our website.
Sellers must pay charges in respect of stores and in respect of product listings in advance, while charges in respect of product sales will be deducted by us from the monies received from the buyer.
We may from time to time in our absolute discretion set up a seller account which will enable a seller to place product listings without advance payment, and in these circumstances we will invoice for the applicable charges monthly or otherwise from time to time, and such invoices will be payable within 10 days following the date of issue of the invoice. Seller accounts will be subject to credit limits which we may vary from time to time in our absolute discretion.
We will be entitled to charge interest on any overdue amount under these terms of use at the annual rate of [8%] above the base rate of HSBC Bank Plc from time to time. Such interest will accrue daily and be compounded quarterly.
If a buyer makes any credit card, debit card or other charge-back then the seller will be liable to pay us, within 7 days following the date we give notice to the buyer, an amount equal to [the commission due to us in respect of the transaction, plus any third party costs incurred by us arising directly out of the charge-back.
BOJEST seller fees
To register as a seller with BOJEST is free!
For each item listed there is a 10p charge. The cost of this includes 5 pictures for each item. Each item will remain active on the BOJEST website for 90 days from date of activation.
If you decide at any time during the 90 days to de-activate/delete your item before the 90 days has elapsed, the charge of 10p will not be reimbursed.
Items will automatically be renewed at the end of 90 days unless the seller deactivates the product listing.
Comission
There will be a charge of 4% commission on every item sold. This does not include the postage & packaging charges.
If a transaction or sale between the seller and buyer is cancelled, the commission due to BOJEST is still payable, and the seller agrees to pay BOJEST.
How to pay your BOJEST fees
You can see your BOJEST fees in Your Account under INVOICES.
The balance shown is the total of unpaid fees for all your listings including our 4% commission on sales (excluding VAT).
Each time you add or sell an item a fee is added to your bill.At the end of each month when the total amount to BOJEST is over £2, Sellers are then sent an invoice.
Sellers with fees under £2 are rolled over to the next month.
Once Seller’s fees have reached £2 or over, BOJEST will send an invoice on the 1st of the month.
Sellers can then access their INVOICES via Your Account and click ‘pay’ link on the INVOICE.
All payments to BOJEST are to be paid via Paypal within 10 working days and will include a 10p Paypal fee at time of transfer
If payment is not made within 10 working days, BOJEST will send a reminder email.
If however the fees are not paid by the following month BOJEST with suspend your account and buyers will be unable to buy your items. Once your fees are paid in full your shop will resume usual service.
(13) User IDs and passwords
[If you register with the website, you will be asked to choose a user ID and password. You must ensure that your user ID and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so]. We may disable your user ID and password in our sole discretion without notice or explanation.
(14) User content
In these terms of use, “user content” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website as part of a store or product listing, or that you submit to our website using any other website feature.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media / on or in relation to our website and any successor or related website or web-based application. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that your user content will comply with these terms of use.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner.
(m) be pornographic or sexually explicit.
(n) be untrue, false, inaccurate or misleading.
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
(p) constitute spam.
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
Products sold on BOJEST must not at anytime infringe someone else's copyright.
Please ensure that all your designs are your original work. And in cases of using fabric or patterns by other designers please seek permission where necessary and that they are for commercial use.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit to our website any user content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the user content, or the publication of the user content on our website.
(16) Discontinuing services
We reserve the right to discontinue our website services and the publication of our website at any time in our sole discretion with or without notice.
If:
(a) you have paid for a store / product listing.
(b) your store / product listing has been (or would have been) accepted in accordance with these terms of use; and
(c) we discontinue the website services;
we will refund to you such portion of your payment as we determine to be reasonable / such portion of your payment as related to any period after the discontinuance of the services.
Save as provided in this Section [16], sellers will not be entitled to any refund upon the discontinuance of our services.
(17) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(18) Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any loss or corruption of any data, database or software.
Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.
Unless you contract with us under these terms of use as a consumer, our aggregate liability to you under the terms of use will not exceed the greater of: (a) [amount]; and (b) the total amount paid and payable by you to us under the terms of use.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(19) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(20) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) delete and/or edit any or all of your product listings, stores]and user content; and/or
[(h) suspend and/or delete your account with the website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(21) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
[TRADE MARK] and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
[(23) Competitions
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions, that we will make available to you as appropriate.
(24) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
(25) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(26) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(27) Third party rights
The provisions of Section [10] of these terms of use are intended to benefit sellers and buyers, and to be enforceable by buyers against sellers and by sellers against buyers.
Subject to this exception, these terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(28) Entire agreement
These terms of use, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(29) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
(30) Registrations and authorisationsWe are registered with Companies House England. Our registration number is 3643430
We are registered with Registrar of Companies For England and Wales. Our professional title is BOJEST LTD, it has been granted in the United Kingdom.
Our VAT number is 723024478
(31) Our detailsThe full name of our company / business is BOJEST
We are registered in England & Wales under registration number 3643430
Our registered address is 62 Richmond Hill Court, Richmond Hill, Surrey TW10 6BE
You can contact us by email to info@bojest.com
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