The Littlebigshop Terms and Conditions of Use Agreement

 

Thelittlebigshop:

Welcome to Thelittlebigshop. This terms and conditions of use agreement governs the use of the Thelittlebigshop website. By using and becoming a member of Thelittlebigshop.com you must read, accept and agree to the terms and conditions of use agreement which is effective upon acceptance and agreement and constitutes a legally binding agreement between you and Thelittlebigshop. Thelittlebigshop may change this agreement from time to time and any changes will be posted on the website. Please review regularly to ensure you are aware of any updates, as you will be legally bound by these terms and conditions as updated or amended. Unless you and Thelittlebigshop agree otherwise, you will not be able to cancel this agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of Thelittlebigshop services has commenced.

Thelittlebigshop Host Environment:

Thelittlebigshop provides a host website environment which facilitates the online offer, sale and purchase of a variety of goods for Thelittlebigshop users. Thelittlebigshop does not have any direct involvement in transactions between users and as a result cannot control or guarantee any aspects of such transactions including the ability of a seller to supply or a buyer to pay for any item listed. Thelittlebigshop does not at any point have possession of anything listed or sold through the site and is not in the position to ensure completion of any transaction nor effect transfer of legal ownership of any item or items from seller to buyer. Thelittlebigshop can not control or guarantee any aspect of the items listed by users including the accuracy of any prices for items which have been posted on the site by users and Thelittlebigshop is not liable for content of any nature including but not limited to text, usernames, images, graphics, photographs, data, and any links posted by any user. Thelittlebigshop does not routinely review users or users listings and is not in the position of controlling or guaranteeing the quality, safety, morality or legality of any item offered for sale nor any detail relating to the true identity, age or nationality of any user whether such user is acting as a buyer or seller in respect of any particular transaction or series of transactions. You will not hold Thelittlebigshop responsible for the actions or inactions of buyers or sellers or for ensuring that they actually complete transactions. Thelittlebigshop does not control the Content provided by users that is made available on the site. You could find some Content to be offensive, harmful, inaccurate, or deceptive. Notwithstanding our membership eligibility there are risks of dealing with underage persons or others acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Thelittlebigshop, you agree to accept such risks and that Thelittlebigshop is not responsible for any acts or omissions of users on the site. Thelittlebigshop encourages users to communicate directly with other users in respect of any potential transaction through the tools available under the site. All users use Thelittlebigshop service at their own risk. Please use caution, common sense, and practice safe buying and selling when using Thelittlebigshop. Please do not assume that the offer, sale or purchase of any item is valid and legal simply because it is listed on Thelittlebigshop site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on Thelittlebigshop.

Thelittlebigshop Membership:

Eligibility: You may only use Thelittlebigshop website and services if you are over the age of 18 but you may not use Thelittlebigshop website or services if you are not able to form legally binding contracts. Thelittlebigshop reserves the right to cancel unconfirmed or inactive accounts. Thelittlebigshop reserves the right to refuse service to anyone, for any reason, at any time.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Thelittlebigshop of any unauthorised use of your password or any breach of security. You also agree that Thelittlebigshop cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address, Address and valid telephone number.

Using Thelittlebigshop:

You are solely responsible for your conduct and activities when you use Thelittlebigshop website including any and all text, usernames, images, graphics, photographs, data and any links that you submit, post and/or display on the site.

You must not use Thelittlebigshop 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 Thelittlebigshop 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 or technologies that may harm Thelittlebigshop or the interests or property of Thelittlebigshop users.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) including E-mail addresses on or in relation to Thelittlebigshop website without Thelittlebigshop's express written consent.

By uploading images to Thelittlebigshop site you are agreeing that Thelittlebigshop can use your image periodically within the web site and within Thelittlebigshop's promotional material. Thelittlebigshop will not release any images to a third party without prior permission.

By listing an item on Thelittlebigshop you warrant that you and all aspects of the item comply with Thelittlebigshop's terms and conditions of use. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your micro site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

All sellers are urged to outline shop policies for their micro site. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Thelittlebigshop's site policies. Sellers are responsible for enforcing their own reasonable shop policies. Thelittlebigshop reserves the right to request that a seller modify a shop policy.

The price stated in each item listing description must be an accurate representation of the sale. Sellers must not circumvent or manipulate the price of any item. Sellers may charge reasonable fees to cover the costs for postage and packaging and transporting the item(s) but may not seek to avoid the payment of Thelittlebigshop's transaction fees by artificially inflating packaging and/or postage fees. Sellers may not alter the item's price after a sale, misrepresent the item’s location, or use another user’s account without permission.

The Buyer is responsible for paying all agreed costs associated with a purchased item through Thelittlebigshop site as stated in the invoice. A Buyer must pay the amount due in full. If the purchases are not paid in full, the seller risks penalties such as the suspension of privileges, negative feedback and/or termination of the account.

Your use of Thelittlebigshop must not:

Be false, inaccurate or misleading.

Involve the sale of counterfeit or stolen items or otherwise infringe upon the copyright, patent, trademark, trade secret or other proprietary or intellectual property rights of third parties or rights of publicity or privacy.

Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

Be obscene or contain child pornography or include images that do not form a part of a listing.

You must not:

Distribute or post spam, chain letters or pyramid schemes to Thelittlebigshop or other site users.

Modify, adapt or hack Thelittlebigshop or modify another website so as to falsely imply that it is associated with Thelittlebigshop.

Copy, modify or distribute content from the Thelittlebigshop site including any copyright and trademark registration as may be applicable at the date of such prohibited action.

Interfere in anyway with any other users listings or transfer your account and identification to another party.

Appear to create liability for Thelittlebigshop or cause Thelittlebigshop to lose (in whole or in part) the services of Thelittlebigshop suppliers.

Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Thelittlebigshop.

Fail to deliver payment for items purchased by you unless the seller has materially changed the item’s description or there is an obvious typographical error or you cannot authenticate the seller’s identity.

Post links to your own websites on the product description pages.

Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity.

 

Abuse of Thelittlebigshop host environment:

Thelittlebigshop is concerned that the Thelittlebigshop site and services work efficiently and in a safe environment for all users. If you become aware of any misuse including offensive content and policy breaches please e-mail us at matt@thelittlebigshop.com. Also, you may not list any item that could cause Thelittlebigshop to violate any applicable law, statute, ordinance or regulation, or that violates this Terms and Conditions of use agreement.

If you are trading as a business on Thelittlebigshop, you must comply with all applicable laws relating to online trading. Without limiting any other remedies, Thelittlebigshop may, without notice, delay or immediately remove any listed item or content relating to any listed item, warn user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

 

 

Fees and Services:

Joining and setting up a shop on Thelittlebigshop is free. We do not charge a fee for listing an item for sale. We only charge a 10% final valuation fee when a transaction is completed. Any changes to the fees for using Thelittlebigshop services are effective after Thelittlebigshop provides the seller with at least fourteen days notice. Any changes will be posted on the Site. Thelittlebigshop may, at Thelittlebigshop's sole discretion, change some or all of Thelittlebigshop's services at any time. All fees are payable in British currency.

The seller is responsible for paying all fees associated with using Thelittlebigshop. The 10% final valuation fee will be taken once the transaction has been completed.

Fees and Termination: If Thelittlebigshop terminates your account, if you close your account, or if the payment of Thelittlebigshop fees cannot be completed for any reason, you remain obligated to pay Thelittlebigshop for all unpaid fees plus any penalties, if applicable. In such circumstances we reserve the right to collect unpaid amounts owed by other collection methods including the retention of collection agencies and legal advisors if and as appropriate.

Content License and Reposting:

When you provide any content to Thelittlebigshop host environment you grant Thelittlebigshop a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and all intellectual property rights you may have in the content in any media known now or in the future. In addition, you waive all moral rights you may have in the content to the fullest extent permitted by law. (Thelittlebigshop need those rights to host and display your content). You also agree to allow Thelittlebigshop to store or re-format and display your Content on Thelittlebigshop in any way as Thelittlebigshop chooses.

When posting Content on Thelittlebigshop another website or third party may be able to re-post such Content. You agree to hold Thelittlebigshop harmless for any dispute concerning any such reposting.

Thelittlebigshop Users Information:

Thelittlebigshop website enables users to share certain information in order to complete transactions. As a part of a transaction users may obtain personal information, including email address, user Identification, postal and financial information from another user. You agree that this personal information shall only be used in accordance with applicable laws and regulations (including without limitation, data protection laws) and only for Thelittlebigshop transaction related purposes that are not unsolicited commercial communications. Thelittlebigshop cannot guarantee that other users will respect the privacy and security policies of your personal information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before choosing to share information with them. Similarly we ask you to respect other users privacy and disclose your privacy and security policies to them. In all cases you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

 

Website Access, Interference and Outside sites:

Thelittlebigshop cannot guarantee continuous or secure access to website services and the operation of the site may be affected by factors outside of Thelittlebigshop's control. Neither can we guarantee uninterrupted service and we do not give any promises or warranties about the availability of our services. Thelittlebigshop does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such outside websites or resources. You agree that Thelittlebigshop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Thelittlebigshop Privacy Policies:

Thelittlebigshop agrees not to sell or rent your personal information to third parties for their marketing purposes without your express consent. We use information only as described within Thelittlebigshop privacy policy. We store and process your information on computers that are protected by security devices and you can access and modify the information you provide us.

UK Tax including VAT:

You are responsible for all applicable taxes in respect of the use of Thelittlebigshop site.

In the UK VAT on sales transactions are subject to fiscal regulation including for example, the sales threshold for whether a seller's business should be registered for VAT, whether a seller is required to charge VAT on sold items, and, if so, how much VAT should be charged on those items.

If VAT is legally due, the seller bears the responsibility of paying that VAT to the tax authorities. If there is any question as to the seller's VAT (or any other tax liability), the seller should consult an independent advisor and/or local tax authority. Users of Thelittlebigshop are not permitted to add VAT to the final item price after the item has been sold. Where applicable VAT must be included in the listed price of the item.

Liability:

Thelittlebigshop shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Thelittlebigshop out of use of Thelittlebigshop site. In no event shall Thelittlebigshop be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this site. Thelittlebigshop services or this Terms of Conditions and Use Agreement including without limitation lost profits, bodily injury, emotional distress or any special incidental or consequential damages.

Compliance:

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Thelittlebigshop's service and your listing, purchase, solicitation of offers to purchase, and sale of items including online conduct and acceptable content.

Jurisdiction:

This Agreement is governed by and interpreted in accordance with the laws of England and Wales.

If you have any questions on these terms and conditions please e-mail us at matt@thelittlebigshop.com