Welcome to www.yourlocalbasket.com an online marketplace (the “website”, “Platform”) operated by Your Local Basket Ltd, registered under number 13394174 ( “Your Local Basket”, “us”, “we”) with its registered office at Your Local Basket Ltd, 52 Victoria Road, Wargrave, Berks, RG108AE, UK.
By using or accessing the website, you agree to the terms and conditions hereafter. We reserve the right to amend these terms and conditions ("terms and conditions") from time to time, so we suggest you read and check them regularly.
Sellers must comply with these terms and conditions and must have their own terms and conditions of sale.
Customers must read the terms and conditions on the applicable seller’s profile page, which can be accessed by clicking on their name on the product page.
Your Local Basket provides a Platform to enable the customer to interact and purchase from sellers ("Purpose") through the website and its services ("Platform").
1. Terms and conditions for using the Platform
1.1 Registration: by registering for an account, listing, selling, or buying on the website you confirm that you have understood and accept these terms and conditions. If you do not accept, please do not use the website.
1.2 You warrant that the information you supply when registering is accurate and that you will notify us of any changes. You are responsible for ensuring your account is secure including keeping your password confidential and not sharing it with anyone else.
1.3 All sellers may only have one account for registration.
1.4 The platform is for exclusive use for customers who are 18 years old and over at the time of registration.
1.5 We reserve the right to reject any registration and refuse the use of the Platform for any reason, at our sole discretion.
2. Our Platform
2.1When a customer purchases from you, a legally binding contract ("Contract") is formed between the customer and you. By accepting Your Local Basket’ terms and conditions, the customer will also be accepting the seller's terms and conditions or purchase.
2.2 Your Local Basket is not a party to the Contract and shall give no express or implied liabilities related to the items sold online. Your Local Basket does not own, check or vet any items that are sold by sellers at any time and therefore shall have no responsibility to the customer concerning purchasing on the Platform.
2.3 You must have a UK address to register as a buyer or seller.
3. Conduct
3.1 You may only use the website and its services for the Purpose
3.2 If you are a Seller, you agree to be polite and respectful when using the website and agree not to use product descriptions that are obscene, discriminatory, offensive, or political.
3.4 You agree that you shall not:
3.4.1 Use the Platform or any of its services for any unlawful activity.
3.4.2 Do anything that causes damage or disruption to the website or its services.
3.4.3 Send malicious information to any party using via the Platform (including viruses, Trojans, adware, worms, spam).
3.4.4 Use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent.
3.4.5 Send your account details to another party without our prior consent.
3.4.6 Provide Your Local Basket with false, inaccurate, or misleading information.
3.4.7 Attempt to manipulate transactions or tamper with the website in any way.
4. Data Protection
4.1 As part of providing our services on the Platform, Your Local Basket collects personal data from customers and sellers. You accept that your data may be shared between customers and sellers for the sole purpose of facilitating the sale, purchase, and fulfillment of orders on the website as per our privacy policy .
4.2 If you are a Seller, you agree to fully comply with the General Data Protection Regulation and the Data Protection Act 2018 and all other privacy and data regulations or laws in place in the United Kingdom from time to time and use customers' information solely to fulfill an order. You warrant and represent that you have appropriate technical and organisational measures in place and that you will not allow or send any customers’ data on to third parties without the customer’s consent.
5. Disclaimer of warranties
5.1 Your Local Basket does not represent or warrant that the website will be errorfree, uninterrupted, free from third-party attacks, or otherwise available at all times to meet your requirements.
5.2 The website is provided on an "as is" basis. Your Local Basket makes no representations or warranties of any kind, whether statutory, express or implied, that the information, content, materials, products, or services made available to you through the website will be as represented by sellers, fit for a particular purpose or use, available at the time of listing, compliant with applicable regulations, free from intellectual property infringement, or that sellers and customers will perform as they have agreed.
5.3 Sellers who provide product data and make products available for sale through the Your Local Basket website shall be bound by our terms and conditions in addition to their own. Any representations and/or warranties regarding their products shall be solely binding upon them.
5.4 In the event of a dispute between a seller and a customer, in the first instance the seller must make reasonable attempts at resolving the despite including offering a refund or product replacement. If, after reasonable attempts at resolving any such dispute, the seller is unable to reach an agreement with the customer, the customer has the right to request Your Local Basket assist in the resolution of the dispute but only after the customer and seller have made reasonable efforts to do some themselves.
6. Limitation of liability
6.1To the fullest extent permitted under applicable laws, Your Local Basket hereby excludes liability for losses, claims, liabilities, and damages of any kind arising from the use of the website including, without limitation, direct, indirect, or punitive damages, loss of profits, loss of business loss of data and any consequential loss, claims or remedies in tort, whether or not arising from its negligence.
6.2 Nothing shall serve to limit the seller's, customers’, or Your Local Basket’ liability under these terms and conditions for death or personal injury resulting from our negligence, fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.
7. Force Majeure
7.1 Neither Your Local Basket nor you will be obliged to fulfill the responsibilities detailed in the terms and conditions in circumstances beyond its reasonable control. These circumstances include but are not limited to earthquakes, pandemics, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather, or acts of God. Duties and obligations will be postponed for the period that any such 'force majeure' event continues
8. Additional terms specific to sellers
8.1 By registering and listing products for sale on the Platform you agree that you and your products comply with the criteria to sell on the Platform.
8.2 Listing: by uploading product and listing quantities for sale on the Platform you agree that you are legally entitled to sell the products listed and that the descriptions are accurate, not ambiguous, or misleading, and that the items are available for delivery to all customers.
8.3 You agree that it is your responsibility to ensure the sale and distribution of items is not in breach of any applicable laws and that no regulatory restrictions or specific duties apply to such items. Your Local Basket shall not be responsible for verifying your right to list and sell products, or whether the sale of such products is prohibited or deemed illegal. Your Local Basket reserves the right to remove from listings, without prior notice to the merchant, any product whose sale becomes illegal or controversial in the UK.
8.4 You must ensure your products listed:
8.4.2 do not infringe any third-party intellectual property and you have all necessary licenses or approvals to sell your products to the customers on the website;
8.4.3 are labeled and packaged in compliance with the Food Standards Agency regulations where applicable, and that the nutritional labeling includes mandatory ingredient statements as well as the relevant warnings where products contain major food allergens.
8.5 By listing a product for sale at a price you agree that you will supply the product at that price to customers on the website. The price listed must be in pounds sterling only and include all applicable taxes.
8.6 We reserve the right to end any listings that are in breach of our terms and conditions and remove any products at our absolute discretion. We may also remove your page from our website at our absolute discretion.
9. Warranties
9.1 You must provide customers with clear and accurate information regarding all products listed, as well as all consumer statutory rights and warranties, whether express or implied, which shall solely be borne by you
9.2 You accept and agree to be solely responsible for the products’ quality, features, safety, adequate packaging, nutritional information contained on labels or advertised online, names, marks, standard labels, and any product-related information that may be required or expected by customers. Any disclaimers, notices, warnings, or product restrictions must be clearly stated.
9.3 You undertake to address any issues raised by customers, including, but not limited to, complaints and refunds in a timely and effective manner.
10. Intellectual property
10.1 By listing your products on the website, you grant us and our affiliates a nonexclusive, worldwide, royalty-free right to exercise all copyright, database rights, and rights of publicity over the material displayed in your product information and listings that you provide to us in any existing media now or in the future.
11. Fees
11.1 A commission fee of 6% + 3% and £0.20 of all seller’s sales proceeds from sales on the website is charged for use of the Platform.
11.2 By listing products on the website you agree to pay all such applicable fees.
12. Payments to sellers
12.1 Your proceeds of the sale will be paid at the end of each month for orders dispatched during the previous month, net of the above-referred fees and percentages due, as well as of any refunds owed to customers according to statutory regulations.
12.2 Any refunds will be processed by us and deducted from your proceeds of the sale.
13. Sales of your products and refunds.
13.1 All orders for your products listed on our website may only be paid by the customer through the website’s payment facility operated by Stripe. You are not permitted to take payment for your products listed on our site, directly.
13.2 You are responsible for all risk and liability related to supplying the order to the customer and must dispatch the products within 48 hours of receiving the order.
13.3 You must give customers a refund of products that fail to meet specifications or are unfit for consumption or are faulty in line with the Consumer Rights Act 2015 (“Act”) which you agree to comply with. By way of summary, the customer has 14 days in which to notify you of their request to cancel the order, starting the day after the products have been received. Some items are not eligible for returns and refunds such as perishable goods or bespoke goods, please refer to the Act for full details of your refund obligations and circumstances for the refund.
13.4 Any refunds due to the customer will include the price of the item plus shipping costs and will be offset from your payment as per clause 12 above
13.5 Your returns and refund policy must be consistent with your obligations in these terms and conditions.
14. VAT
14.1 You agree to ensure that your products listed on the website include all applicable taxes to deliver goods to customers, including customs and excise duty, VAT, and any other applicable taxes. You are responsible for accounting for all taxes due relating to the sale of your products on our website.
15. Communicating with Your Local Basket customers
15.1 You may not directly communicate with make any targeted marketing towards any Your Local Basket customer, via any means, except for responding to direct messages regarding product queries or orders via our Platform. For example, you are not permitted to send promotional leaflets packaging, promotional emails, including email signatures or footers with marketing messages, and order acknowledgment or dispatch emails.
16. Termination
16.1 We will reserve the right and you agree to provide further information at any time as requested about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the Platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability or otherwise harmful to our business operation or abusive to customers.
16.2 We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.
17. No partnership or agency
17.1 Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.
18. Complaints and disputes
18.1 Whilst we are not a party to the transaction, we may try to help you resolve a dispute with the seller. If you and the seller have tried to resolve the dispute and you are unable to. Please contact us at info@yourlocalbasket.com and we will do our best to assist.
18.2 You hereby release Your Local Basket (and Your Local Basket' directors, officers, employees, and representatives) from any claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between customers and sellers or third parties.
19. Governing law and jurisdiction
19.1 These terms and conditions shall be governed by and construed per the laws of England and Wales. Any matters arising in connection to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Illegal products and services
Products and services that infringe intellectual property rights
Pharmaceuticals and telemedicine
Tobacco
Alcohol
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