We have made the terms of use on Sell My Soles as simple and fair as possible. Our aim is to provide clear rules which are easy to follow. We have tried our best to adhere to the policies set out by the Campaign for Plain English. If you have any questions relating to our Terms of Use or suggestions on how to improve them or other terms or policies please contact us here.
Definitions and Changes
By using the sellmysoles.co.uk website (“Sell My Soles”) and any sub-domains or related services of Sell My Soles you are agreeing to be bound by the following terms and conditions (the Terms of Use” or “The Agreement”).
Sell My Soles may change these terms at any time by updating them here. Although we do strive to notify you when changes are made its important that you review these terms regularly to ensure you are aware of any changes. Your continued use of sellmysoles.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
General Terms
- You must be 18 years of age or older to use or sign up for any kind of account on Sell My Soles. Those under 18 are not able to enter into a legally binding contract to buy or sell via Sell My Soles.
1.2. If you register membership as a business (eg; as a sole trader or partnership) on Sell My Soles you must guarantee that you personally have the authority of the business to agree to the terms of use. Permission cannot be sought retrospectively. Obtain permission before registering.
1.3. These terms shall be governed by and interpreted in accordance with the law of England and Wales.
1.4. You agree to pay the appropriate fees for the seller plan you are signed up for. Visit our Sell page to see an explanation of any fees sellers are subject to.
Your Behaviour
- You must not use Sell My Soles 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, copyrights etc and must comply with all applicable laws and jurisdictions.
- You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of Sell My Soles or third parties.
- You must not threaten, intimidate, harass or otherwise abuse any other Sell My Soles user or employee.
- The following behaviour is not tolerated on Sell My Soles:
- No personal attacks
- No “calling out” (identifying someone you are claiming to have breached the terms of use)
- No personally identifying information that cannot be found publicly elsewhere
- No racist, sexist or hateful content
- No spam or promotion of other competitor services
- No vulgarity
- No “trolling” (inflammatory or off-topic messages
- No defamation of others
- No bringing Sell My Soles into disrepute
- You are responsible for maintaining that the content you submit is your own and is not owned by others. Credible requests from content creators claiming any infringement by a Sell My Soles user will be taken seriously.
- You are solely responsible for your behaviour and conduct on sellmysoles.co.uk including use of all content and data including images (graphics, animations, photographs etc), audio and video clips, links and text (such as conversations, product listing titles & descriptions etc) that you post to the Sellmysoles.co.uk website. Any inappropriate or illegal images will result in permanent termination of your account and reporting to relevant authorities.
- You must not modify, reverse engineer, adapt or ‘hack’ sellmysoles.co.uk or seek to create another website or communication to users that claims or implies it is associated to sellmysoles.co.uk. Attempts to scam our users will not be tolerated.
- You must not produce unwanted communications (spam) to other users of Sell My Soles. This includes unsolicited messages not related to the buying/selling process. Shipping or item condition enquiries and others of that nature are permitted.
- You are ultimately responsible for keeping your password secure. You agree to follow all security best practices including changing your password regularly and not using the same passwords as used on other websites/services.
- You must not transmit or seek to transmit any malware including but not limited to viruses/worms/trojans or any code that seeks to alter the behaviour of the Sell My Soles site or that is in any way destructive or intrusive. This includes but is not limited to any attempts to brute force, “DDoS”, cross site scripting or privilege escalation. Discovery of any issues and vulnerabilities should be reported to Sell My Soles immediately.
Liability
- Under no circumstances will Sell My Soles Ltd. be liable for any of the following losses or damages (whether such losses were 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 Sell My Soles regardless of the form of action.
Content and Copyright
- By using Sell My Soles You (“the user”) allow Sell My Soles the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Sell My Soles to use this content both on and offline in perpetuity. (Also See point 18).
- You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information or claims about a product which is untrue. Eg listing as New when the product is Used).
- You must not copy, modify, or distribute Sell My Soles’s copyrighted works or trade marks, or other content from the Site, without our express consent.
- Sell My Soles may change or remove content (“content” includes but is not limited to items, item descriptions, titles and other information on the site) and accounts containing content that Sell My Soles determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on Sell My Soles.
- By submitting your content you grant Sell My Soles a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Sell My Soles Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work (for example: ‘adverts’, blog posts, printed and web related marketing material, books, leaflets etc.).
- 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 Sell My Soles against all legal fees, damages and other expenses that may be incurred by Sell My Soles as a result of your breach of the above warranty.
Sales and Returns
- You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item. Please refer to the Sales and Returns policy.
- You must post items purchased from you after receipt of payment in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify Sell My Soles staff here.
- You must be able to form a legally binding contract of sale to be a member of Sell My Soles. 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
- You must not collect information about users, including email addresses, without their express consent.
- You must not hold multiple accounts, attempts to do so constitutes unfair manipulation of the Sell My Soles service.
- You must not solicit for new business on Sell My Soles or use Sellmysoles.co.uk to send unsolicited communications except to ask or inform others about Sell My Soles business (items, shipping costs etc.). Any such action will result in your account being terminated and possible action taken with your company or ISP (internet service provider).
- You must agree to the terms of the Privacy Policy.
Changes to the Service
- Sell My Soles retains the right to terminate or change the service for any reason at any time without notice.
- Sell My Soles retains the right to modify the Terms of Use at any time. Sell My Soles will attempt to inform registered users by email of any changes to the Terms of Use but ultimately it is your responsibility to frequently check this and other terms/policies pages for updates.
- Sell My Soles retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.
Marketing and Linking
- You agree not to link out from Sell My Soles to your own shop or other platform. Sell My Soles is to be primarily used as a platform for selling and not as a lead generator to drive traffic elsewhere.
Fees
- You agree to pay the fees applicable to your membership (outlined on our “Sell” page.
Policies
- The Terms of Use covers acceptance of the other policies listed on this page.
If you break any of the above terms your account will be suspended and possibly terminated. Sell My Soles promotes legal activity and good conduct on its site. You understand and agree that in using the site that Sell My Soles is a ‘place’ which allows users to add content and is not responsible for the content posted by users. Despite our best efforts to filter, remove and moderate unwanted content you may be exposed to content and behaviour that contravenes the above Terms and as such you use the Sell My Soles service at your own risk. You agree to report any such content to Sell My Soles at the earliest opportunity.
Sell My Soles 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 Sell My Soles.
This page sets out the key things you need to know and do as a seller to comply with UK law.
- Compliance with the Consumer Contracts (previously Distance Selling) Regulations
Some of the key requirements for sellers are set out in the Consumer Contracts Regulations (previously the Distance Selling Regulations). This legislation sets out the legal requirements for distance selling and selling online. As a Seller on Sell My Soles you are legally bound by these regulations which form part of the legal rights of the consumer.
As a seller on Sell My Soles you agree to comply with relevant UK law by:
- Providing delivery details. The standard postage terms for Sell My Soles are 3 days. If your item is not able to be posted in 3 days then you must state when it will be posted – this should be in the item description and clearly visible. All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g. email) with the buyer.
- 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 or private message 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), you must provide a full refund of the cost of the item and any postage costs within 14 days. You have a right to deduct monies from refunds where goods “show signs of unreasonable use leading to diminished value”. You cannot usually deduct for removal of packaging to inspect the item, but you can deduct for damage or wear and tear where the item has not just been checked but used. Custom orders are exempt from cancellation unless faulty.
- Returns policy for goods that are not faulty. In using Sell My Soles 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 fourteen days after receipt of the items and a refund must be made within 14 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. More information.
- 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 re-deliver the same item.
Further information:
The Consumer Contracts Regulations (Gov.uk)
Guide to Online and Distance Selling for Businesses (Gov.uk)
Consumer Contracts Regulations (Which?)
Citizens Advice Bureau on Consumer Rights Act 2015
The best source of advice is your local Trading Standards Service which can be contacted through the Trading Standards website.
- Regulation around certain types of goods
All Sell My Soles sellers must comply with UK product legislation. Including anything pertaining to counterfeited goods. 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
- GDPR, personal data and marketing information
The UK General Data Protection Regulation (UK GDPR) is a UK law tailored by the Data Protection Act 2018. It came into force on 25th May 2018 and applies to all businesses operating in the UK that process personal data. If you have have an online shop selling goods within the UK or to the EU, you collect and process personal data (such as a customer’s name, email address and postal address), which means the GDPR applies to you. So whether you are a sole trader, a limited company or just a hobbyist just selling a few of your products online, you MUST comply with the regulations.
As a seller on Sell My Soles you agree to comply with General Data Protection Regulations. These include:
- Only adding customers to your mailing list if you have their explicit consent. You can contact your customer about issues related to their order but you must not contact them about anything else, send them marking information or add them to any mailing list unless they have opted-in to any further communication (through any channel – phone, mail or electronic).
- Displaying your Privacy Policy on your Sell My Soles shop. We are currently working on a new feature that will allow every seller to display their own seller’s Privacy Policy on their shop page. This policy will be editable so you can include your own terms.
- Understanding what data you have and where it is stored. As a Sell My Soles seller, the personal data you collect will probably be: Customer’s name, Customer’s postal address, Customer’s email, Customer’s username on Sell My Soles, Recipient’s name (if applicable), Recipient’s postal address (if applicable).
- Making sure any personal data you store is secure. You have a responsibility to make sure the data you collect is safe – both online and offline.
- Only using personal data for the specific purpose you have collected it for. In the case of a purchase, that would be: delivering the item(s), emailing confirmation of the order, emailing the customer with delivery details for that order, and storing for your financial records. You must not use the personal data you have gained from that order for any other purpose or use that data to contact them about anything unrelated to that particular purchase.
- Deleting someone’s personal data if requested. Under GDPR everyone has the right to be deleted from your records and database – this is known as the right to erasure or ‘the right to be forgotten’. Individuals can make a request for erasure verbally or in writing. You have one month to respond to a request. You will need to delete their data from all your records as well as any third-party service providers, such as your email service. If a customer asks to be erased from Sell My Soles, we may also contact you and ask you to delete them from your records and any databases. In both cases, if you need to retain information about an order they have placed with you for your business or legal records, you can still do that but you will need to anonymise that data so there is no way of identifying the person (eg their name, email or postal address). Read more here https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/
- Paying the ICO Controller Charge fee (if required). Any business that processes data may need to pay the ICO a data protection fee (unless they are exempt). This is also called a Controller Charge. Check to see if you should be registered with the ICO here https://ico.org.uk/for-organisations/register/self-assessment/
General
The sales contract is between each individual “seller” and the “buyer”. Sell My Soles facilitates that contract but is not responsible for it or its fulfilment.
Selling
All sellers agree to abide by the Consumer Contracts Regulations:
http://www.legislation.gov.uk/uksi/2013/3134/contents/made
This legislation protects the consumer when buying over the internet or by mail order and applies to UK sellers.
Sell My Soles aims to make it easy for sellers to comply with this legislation and consumer law, however, all compliance is the responsibility of the seller.
Sellers must post items purchased within three (3) working days of receiving payment 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 Sell My Soles staff by using our Contact us page.
All items must be received by the buyer in under 30 days unless you have agreed a longer term in writing (e.g. email) with the buyer.
Buying
You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item.
Please note that if your order is being posted outside mainland UK, you (or the recipient) may have to pay customs or VAT charges and a handling fee. The seller is not responsible for any charges or fees that may incur.
Returns Policy
In using Sell My Soles, 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). They have the right to do this up to 14 days after receipt of the items and a full refund including the cost of the outgoing postage must be made within 14 days of the seller receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner.
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, personal items sold with a hygiene seal (cosmetics, underwear) in instances where the seal is broken.
Refunds can be requested directly by the customer from the Orders tab on the My Account page.
Cancelling a transaction.
The buyer must inform the seller if they wish to cancel the order and they must do this in writing (private message or email is sufficient). Sellers must provide a full refund of the cost of the item and any postage costs within 14 calendar days of receiving the returned item(s), or within 14 days of the buyer providing evidence that the item(s) have been returned (e.g. proof of postage), whichever is sooner. If the goods have not yet been sent, refunds must be provided within 14 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.
Lost items.
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. We encourage sellers to use tracked and insured postage methods.
This privacy policy sets out how Sell My Soles uses and protects any information that you give Sell My Soles when you use this website.
Sell My Soles is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Sell My Soles may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from January 2023.
What We Collect
We may collect the following information:
- Name and job title
- Contact information including email address
- Demographic information such as postcode
- Preferences and interests
- Other information relevant to customer surveys and/or offers
What We Do With The Information We Gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal Record Keeping
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How We Use Cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links To Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Your Personal Information
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us or emailing us at info@sellmysoles.co.uk.
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
- You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us info@sellmysoles.co.uk.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
