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Definitions and Notification of Changes
1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Mooch and Gander.com
3. These terms shall be governed by and interpreted in accordance with the law of England and Wales.
4. You must not use Mooch and Gander for any illegal or unauthorised purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
5. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
6. You must not threaten, intimidate, harass or otherwise abuse any other Mooch and Gander user.
7. You are responsible for maintaining that the content you submit is your own and is not owned by others.
8. You are solely responsible for your behaviour and conduct on Moochand Gander.com including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the Moochandgander.com website.
9. You must not modify or adapt or ‘hack’ MoochandGander.com or seek to create another website or communication to users that implies it is associated to MoochandGander.com.
10. You must not produce unwanted communications [spam] to other users of MoochandGander.com
11. You are responsible for keeping your password secure.
12. You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the MoochandGander.com site or that is in any way destructive.
13. Under no circumstances will Mooch and Gander Ltd be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Mooch and Gander regardless of the form of action.
Goods for Sale – Handmade
14. If you seek to sell products then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller.
Content and Copyright
15. You [“the user”] in using MoochandGander.com allow MoochandGander.com the right to re-use, edit, modify, re-purpose and re-publish the content you provide for use on this site. “You” retain rights over copyright of all such content yet provide a license for MoochandGander.com to use this content both on and offline for the purpose of promoting your products and the site in general.
16. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
17. You must not copy, modify, or distribute MoochandGander.com copyrighted works or trade marks, or other content from the Site, without our express consent. You may use the logo to promote that you are selling your goods on our site. The MoochandGander.com logo and trademark are owned by Mooch and Gander Ltd.
19. By submitting your content you grant to MoochandGander.com a perpetual, royalty-free right to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; search engine optimisation; printed and web related marketing material; books etc.].
20. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify MoochandGander.com against all legal fees, damages and other expenses that may be incurred by MoochandGander.com as a result of your breach of the above warranty.
Sales and Returns
21. You must post items purchased from you in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify MoochandGander.com staff immediately.
22. You must be able to form a legally binding contract of sale to be a member of MoochandGander.com. This restricts membership to those of 18 years of age or over unless you have the explicit permission of your parent or guardian who must supervise [and be ultimately responsible for] the account.
Data and Privacy
23. Mooch and Gander Ltd is registered as a data controller with the Information Commissioners Office. We aim to follow and encourage best practice with use of personal data. Registered number:
24. You must not collect information about users, including email addresses, without their express consent.
25. You must not solicit for new business on MoochandGander.com or use MoochandGander.com to send unsolicited communications except to ask or inform others about MoochandGander.com business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP(internet service provider).
Changes to the Service
Marketing and Linking
29. MoochandGander.com is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.
30. You agree to pay the fees currently set at 16% of your retail price.
If you break the above terms then your account will be suspended and possibly terminated. IMoochandGander.com seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that MoochandGander.com is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the MoochandGander.com service at your own risk.
Legal Information: what sellers need to comply with
MoochandGander.com is a platform for people/businesses to sell to buyers. The legal contract for the purposes of any transaction between a buyer and a seller rests with the buyer and the seller and not MoochandGander.com.
This article sets out the key things you need to know and do as a seller to comply with UK law.
1. Compliance with Distance Selling Regulations
One of the key requirements for sellers is set out in the European Distance Selling Regulations (sometimes called the DSRs for short) set out the legal requirements for selling online. As a Seller on MoochandGander.com you are legally bound by these regulations and form part of the legal rights on the consumer.
You need to provide:
Delivery details. The standard postage terms for MoochandGander.com is preferably within 24 hours or the next working business day. If your item is not able to be posted within 3 days then you must state when it will be posted – this should be in the item description. All items must be received by the buyer in less than 30 days.
As a seller on MoochandGander.com you agree to comply with relevant UK law by:
Stating your business address (even if this is your home address). This information is provided in the email to the buyer so you should make sure you have added your address on your shop set up / edit screen (via your dashboard). The buyer has a legal right to this information and it is not optional. If you don’t provide it you are trading illegally.
Cancellation of the transactions
The buyer must inform you if they wish to cancel the order and they must do this in writing (email is sufficient) Please contact the buyer to organise the return of the goods. Upon receipt of the returned goods, or evidence from the buyer that they have sent the goods back (whichever is soonest),
Returns policy for goods that are not faulty
MoochandGander.com you agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to seven days after receipt of the items and a refund must be made within 7 days of you receiving the returned goods, or proof of the buyer has sent the goods back (whichever is soonest). The buyer pays for the cost of return postage. Custom orders are exempt from cancellation unless faulty.
Returns policy for faulty goods. The consumer has a right to return goods if they develop a fault up to six months after receipt of the goods. Depending on the circumstances, the buyer may be entitled to a free repair, replacement or a full or partial refund.
If the item is lost in transit then, unless you can prove otherwise, you assume the contract is terminated and you must provide a refund or deliver the same item.
Distance Selling Regulations
Citizens Advice Bureau on Consumer Rights Act 2015
2. Regulation around certain types of goods
MoochandGander.com sellers must comply with UK product legislation, including the following:
– The General Product Safety Regulations
– The Toy Safety Regulations
– The Furniture and Furnishings Fire Safety Regulations
– The Hallmark Act 1973
In all cases you should make sure your work complies with the above legislation. If in doubt contact your local trading standards office.
You can find more information on your legal responsibilities as a seller and manufacturer here www.gov.uk/guidance/product-safety-for-manufacturers
3. Marketing information and personal data
MoochandGander.com you agree not to contact your buyers other than to arrange the safe delivery of goods ordered.
4. Sales and Returns Policy
The sales contract is between each individual “seller” and the “buyer”. MoochandGander.com provides a service to facilitate that contract but is not responsible for it or its fulfillment.
All sellers agree to abide by the Consumer Protection (Distance Selling) Regulations 2000 http://www.legislation.gov.uk/uksi/2000/2334/contents/made. This law protects the consumer when buying over the internet or by mail order and applies to all member states of the EU.
MoochandGander.com aims to make it easy for sellers to comply with the DSR and consumer law, however, all compliance is the responsibility of the seller.
Sellers must post items purchased within three (3) working days unless otherwise clearly stated on the product description OR if the buyer’s identity and / or address cannot be authenticated, in which case sellers must notify MoochandGander.com. All items must be received by the buyer in less than 30 days.
In using Mooch and Gander.com, sellers agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law).
Unless the seller has stated otherwise, the buyer is responsible for paying for the cost of return postage.
Please note: Unless faulty, the following types of items are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements; items which deteriorate quickly (e.g. food), personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken.
Cancelling a transaction
The buyer must inform the seller if they wish to cancel the order and they must do this in writing (email is sufficient), If the goods have not yet been sent, refunds must be provided within 30 days of receipt of the notification of cancellation.
Return of faulty goods
The consumer has a right to return goods if they develop a fault within six months of receipt of the goods. Depending on the circumstances, they may be entitled to a refund (full or partial), a repair or replacement.
If the item is lost in transit then, unless proven otherwise, the seller should assume the contract is terminated and provide a refund or deliver the same item.