Sellers Terms & Conditions
1. Introduction
1.1 These seller terms apply when you register on our website, Sneaker News & Release Dates in 2022 for the UK | JuzsportsShops (the "Website") and/or our mobile application (the "App"), both as amended from time to time (together referred to as the "Sole Market") to sell your products on the Sole Market.
1.2 WE WILL ASK YOU TO ACCEPT THESE SELLER TERMS WHEN REGISTERING FOR A SELLER ACCOUNT ON THE SOLE MARKET.
1.3 Every time you wish to use our Sole Market, please check these terms regularly to ensure that you understand the terms that apply at that time.
1.4 In addition to these terms:
- Sporty & Rich terms of service apply; and
- our privacy policy and cookie policy Air Max 1.
2. About JuzsportsShops
2.1 The Sole Market is owned and operated by JuzsportsShops Limited ("Sole" "Us" "We"). We are registered in England and Wales under company number 09098756 and have our registered office address at: Ckr House 70 East Hill, Dartford, Kent, DA1 1RZ. Our VAT number is 220675526
2.2 To contact us, please email [email protected]
3. Registration and Identification Verification
3.1 In order to be permitted to offer a product for sale, you must (1) register as a seller on the Sole Market and undertake an identification verification check; and (2) create a listing which will also undergo a further listing verification check (as detailed in paragraph 4 below).
3.2 When registering you must:
- provide all information required (including, proof of identification and your payment account information). Note that we do not store any information in relation to your payment account, this is processed and stored by Adyen;
- pass the verification check made by our payment provider, Adyen (or such other provider as we may appoint from time to time); and
- keep your chosen password and any information provided to us as part of our security procedures, confidential. You must not disclose such information to any third party (with the exception of those authorised to access your account on your behalf). If you know or suspect that anyone other than you or the authorised users know your password, you must promptly notify us at [email protected].
- be at least 18 years of age. By registering to Sole Market, you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using Sole Market.
4. Listing a Product For Sale
4.1 You may submit a request to offer a product for sale via the Sole Market to Sole by completing the relevant details, uploading a variety of high quality images of the product(s) (we may request more) and, including any other product information.
4.2 Please note that all products must be brand new and in the original packaging.
4.3 We will then review the proposed listing and will contact you if we have any queries in relation to the listing. We shall have absolute discretion as to whether we accept the product and list it for sale.
4.4 If the product is accepted we shall notify you via email and your seller dashboard and the listing will be published on the Sole Market (“Listing”) and available for a period of thirty (30) days or such other listing period that we may agree with you from time to time (the “Listing Period”).
4.5 If the product is not accepted, we shall notify you via email and your seller dashboard and provide you with an explanation as to why it has not been accepted.
4.6 You hereby acknowledge and agree that if the product in your Listing is no longer available for sale you must either immediately: (i) archive the Listing via your seller dashboard; or (ii) inform us at [email protected] x CDG Play
4.7 You are solely responsible for the accuracy, content and legality of the product and warrant that you are the legal owner of such product and are capable of transferring ownership of it to the buyer. You must provide an accurate description of the product you are selling to enable the buyer to make an informed purchasing decision. You must not, at any time, misrepresent the provenance, specification, or any other details regarding the product in your Listing, including in your responses to us when we co-ordinate communication between you and the buyer.
4.8 We may, at any time, withdraw your Listing if we have reason to believe that you have not complied with these seller terms.
5. Sale Process
5.1 If we receive any queries from a prospective buyer in respect of your Listing, we will promptly pass these queries on to you and you must respond to us within 48 hours.
5.2 Once a buyer has made an offer to purchase the product in your Listing, we will notify you via email and your seller dashboard (or such other method as we may communicate to you from time to time) and you must, within one working day, carefully package the product and dispatch it via the advertised delivery method to the buyer at the address we notify to you.
5.3 If for any reason, you are unable to fulfil the order or send the product within the required timeframe, you must inform us immediately of the reasons why you are unable to do so.
5.4 After the expiry of the Listing Period and where no offer has been received in respect of the Listing, we shall contact you and confirm whether you want to keep the Listing live on the Sole Market. If you do not reply within 24 hours, we may remove the Listing from the Sole Market unless an offer has been received in such time.
5.5 Access to the Sole Market is not guaranteed and we reserve the right to suspend or terminate any aspect of the services at any time and without notice. Without limiting the foregoing, we may suspend access to the Sole Market to carry out scheduled or unscheduled maintenance.
5.6 We accept no liability for any failure or delay in executing orders or for any errors contained in the orders placed via the Sole Market.
5.7 We provide the Sole Market "as is" and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the Sole Market or any errors or defects in the content or functionality, any software and/or hardware defects (whether yours or ours) and/or any internet connection problems (whether yours or ours), and we do not represent or warrant that the Sole Market will be error-free, free of viruses or other harmful components, or that any defects will be corrected.
6. Fees and Payment Terms
6.1 If the product in your Listing is sold, we will charge you:
- the % sales commission notified to you during the listing process which will be calculated by reference to the final selling price of the relevant product on the Sole Market, but not the delivery fee (“Sales Commission”); and
- the % payment processing fee notified to you during the listing process which will be calculated by reference to the final selling price of the relevant product on the Sole Market and the delivery fee (“Payment Processing Fee”).
6.2 The Sales Commission payable to us is exclusive of VAT or any other applicable sales tax which will be payable by you.
6.3 You authorise us to deduct our Sales Commission (+ VAT) and the Payment Processing Fee from the sums that the payment provider receives from the buyer and remit the balance to you within 3 working days of the product delivery by the buyer.
6.4 If the buyer of the product purports to cancel the sale, where they have the right to do so, or raises an issue with the product they have received, we may instruct the payment provider to:
- retain payment of the sums received from the buyer in order to return such sums to the buyer (if required); or
- where we have already remitted the balance to you, charge your payment method the corresponding amount.
6.5 We may add new services for additional fees or amend fees for existing services, at any time, in our sole discretion, and upon providing 30 days’ advance notice.
6.6 The buyer of the product in your Listing shall be responsible for any delivery or collection costs and applicable sales taxes, registration fees, regulatory and electronic processing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a product.
6.7 You must have a valid and current payment method on file with Sole at all times. You authorise us to automatically charge your payment method in accordance with these seller terms.
6.8 If we are unable to process payment for the sums payable to us by you by charging such sums to your payment method, we may collect sums owed to us by you by charging other payment methods on file and retaining collection agencies or legal counsel.
6.9 Your payment of the Sales Commission does not mean you have exclusive rights to product exposure on the Sole Market. We may display third-party advertisements or other content on any part of our Sole Market, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
7. Variations
7.1 We may from time to time vary these seller terms upon a minimum of 15 days’ notice to you. Please check these seller terms regularly to ensure that you are aware of any variations made by Sole. If you continue to use the Sole Market, you are deemed to have accepted the seller terms in force at the time of use. If you do not agree to these seller terms, you should not use the Sole Market.
7.2 Air Force 1:
- update and change the Sole Market, including any content we link to on our Sole Market as we see fit;
- stop providing the Sole Market, or features of the Sole Market, to you or to members generally or create usage limits for the Sole Market;
- permanently or temporarily terminate, restrict or suspend your access to the Sole Market, without liability, if in our sole determination you violate any provision of these seller terms (as further detailed below).
8. Termination, Restriction or Suspension of Your Seller Account
8.1 It is of the utmost important to us that both buyers and sellers on the Sole Market have a positive experience.
8.2 We may, at our sole discretion, opt to terminate, suspend, restrict your account or remove any special status you have been attributed by Sole (e.g. ‘Fast Shipper’ badge) if:
- we reasonably consider that the product in your proposed listing is not genuine or does not meet our quality criteria;
- you fail to dispatch sold products within one working day, and as a result, we cancel the order;
- on multiple occasions, you do not dispatch sold products within one working days. For example, if you are late in sending 9/10 of your last orders;
- a buyer alleges that you have sent a fake product or the product you have sold does not match the Listing, and after our investigation, we reasonably believe that the buyer’s allegation is correct; or
- you commit a material breach of any provision of these seller terms.
8.3 Where we terminate, restrict, suspend or change your account in any way, we will notify you of our reasons for taking such decision. We may also contact you, prior to doing so, to give you an opportunity to respond.
8.4 If you have any queries in respect of any decision we make, please use our internal complaint handling procedure outline in paragraph 17.
9. Your Content
9.1 You retain ownership of any content and material provided by you to us or uploaded to the Sole Market (Your Content).
9.2 By submitting Your Content, you grant to Sole and our affiliates a perpetual, royalty-free, worldwide, sub-licensable and transferable abjuration to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of Your Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all forms of media, whether now known or hereafter developed, and without further notice to you.
9.3 To the fullest extent permitted under applicable law, you waive your moral rights in Your Content and promise not to assert such rights or any other intellectual property rights you have in Your Content against us, our sub-licensees or our assignees.
9.4 We retain the right, in our sole discretion and without prior notice, to remove or refuse to post any of Your Content for any reason.
9.5 x JW Anderson:
- you own or control any and all rights in and to Your Content, and the right to grant all of the rights and licenses in these seller terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
- you have obtained permission from any individuals that appear in Your Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; and
- Your Content does not: (i) contain false or misleading information; (ii) infringe the intellectual property, privacy, publicity, contractual or other rights of any third party; (iii) contain any libellous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content; (iv) contain computer viruses, worms or other harmful files.
9.6 You are solely responsible for Your Content and you hereby agree to indemnify Sole from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the representations and warranties provided by you in paragraph 9.5.
9.7 We have the absolute right to remove and/or delete without notice any of Your Content within our control that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for such removal and/or deletion.
9.8 We are not responsible or liable for failure to store posted content or other materials you transmit through the Sole Market. You should take measures to preserve copies of any data, material, content or information you post on the Sole Market.
10. Our Responsibility For Loss or Damage Suffered by You
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2 Subject to paragraph 10.1, we shall not be liable under or in connection with these seller terms whether in contract or tort (including negligence) or otherwise for any (a) damage to software, (b) damage to or loss of data, profit, revenues, anticipated savings, goodwill or business opportunity; or (c) for any indirect or consequential loss or damage.
10.3 Subject to paragraph 10.1, our total aggregate liability for all claims arising out of or in connection with these seller terms, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of (a) total aggregate value of all fees paid or payable by you to us in the 12 months prior to the action giving rise to the liability; or (b) £500.
10.4 While we try to keep the Sole Market safe and secure, Sole does not and cannot guarantee or warrant that the Sole Market will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. Sole does not warrant or represent that the Sole Market will be uninterrupted or error free.
10.5 If you are using the Sole Market in the course of a business, all conditions, warranties or other terms concerning this Sole Market, which might otherwise be implied into these seller terms or any collateral contract (whether by statute or otherwise) are hereby expressly excluded to the fullest extent permissible by law.
10.6 If you have a dispute with any buyer, you release Sole (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute.
11. Termination
11.1 If we end your rights to use the Sole Market:
- you must stop all activities authorised by these terms, including your use of the Sole Market;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- we may remotely access your devices and remove the App from them and cease providing you with access to the services available via the App.
11.2 You may delete your account at any time by logging onto your account and selecting ‘delete my account’ under ‘My Account’.
12. Access to Data
12.1 Your seller dashboard will contain details of your seller profile, products sold, active or pending, bank account information and so on.
12.2 We do not provide any buyer insight information and you will only be given personal data of buyers for the purpose of sending out the sold product to them. Otherwise, we manage all communications between you and the buyer.
13. Third Party Rights
13.1 A person who is not a party to these terms of service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.
13.2 You may not resell, assign, sub-licence or otherwise transfer any of the rights under these terms without Sole’s prior written consent.
14. Waiver
14.1 If Sole fails, at any time to insist upon strict performance of any of your obligations under these seller terms, or if Sole fails to exercise any of the rights or remedies to which Sole is entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by Sole of any default shall not constitute a waiver of any subsequent default.
15. Severance
15.1 If any provision (or part of a provision) of these seller terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Applicable Law and Jurisdiction
16.1 These seller terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland
17. Complaints and Alternative Dispute Resolution
17.1 If you are unhappy with the Sole Market or any of our services, please contact us at [email protected] and we will seek to resolve your complaint internally.
17.2 If we are unable to resolve your complaint through our internal procedures, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation
17.3 If any dispute arises in connection with these seller terms which cannot be resolved following our internal procedures, we agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.