General provisions
The Terms and Conditions listed below govern the access and use of our website (hereinafter called "the Website") and mobile phone application ("the Application") that enable you to buy or sell ("the Service").
The English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.
In the present Terms and Conditions, the terms "we", "us", "our" refer to Sendashopping Ltd and "you", "“your" refer to any person who accesses and/or uses the Service.
It is important that you understand that access and use of the Service is conditional on your acceptance of present Terms and Conditions.
Definitions
In the present Terms and Conditions, the below terms shall have the following meaning(s):
"Fees" means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions.
"Website" means the website www.sendashopping.com operated by “us†to provide marketplace platform and the related information.
Confidentiality/ Privacy
Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal, or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.
For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy
For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy
By using the Service, you warrant that you are at least 18 years old and that you have a legal capacity to enter legally binding contracts.
Without prejudice to your rights in relation to any order for Services in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:
You use the Service or attempt to use it for any Prohibited Purpose.
You have provided us with false evidence of your identity, or you keep failing in providing us with true, accurate, current, and complete evidence of your identity or details regarding transactions.
You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code.
After you place an order via the Website or the Application, an e-mail will be sent to you acknowledging that your order has been received.
(i) via e-mail confirming that we are processing your request or
(ii) through a confirmation in the mobile app. (hereinafter called "the Confirmation"). The contract between you and us (hereinafter called "the Contract") will only be formed when the Confirmation has been sent.
The Contract relates solely to the services that have been confirmed accepted in the Confirmation.
We reserve the right to refuse to perform any of the Services (including after Confirmation) if:
We are unable to obtain satisfactory evidence of your identity.
You provide us with false, incorrect, or incomplete information.
Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance with your request.
You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code.
You are in breach of these Terms and Conditions.
You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose.
Processing the Service in accordance with your order may expose us to liability.
Limitations on our liability
Claims for refund or compensation must be supported by all available evidence.
Nothing in this clause shall:
We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions, or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities; the acts, decrees, legislation, regulations, or restrictions imposed by any government or state.
the actions or omissions of the third parties.
malfunctions in communications facilities which cannot reasonably be under our control and that may affect the accuracy or timeliness of messages you send to us.
any Malicious Code interfering with the Service
Your responsibilities and obligations
You will not use the Service unless you are at least 18 years old, and you have a legal capacity to enter legally binding contracts.
The Fees for each Service we have provided to you have to be paid.
You shall comply with these Terms and Conditions as well as with any applicable laws, rules, and regulations.
In relation to your registration and use of the Service you will:
provide us with accurate, current, complete, and true evidence of your identity and any additional information or evidence we may require confirming your identity.
update all information you provide to us to keep it accurate, current, complete, and true.
not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code.
You understand and accept that:
We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities.
You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you.
Fees and payment methods
The prices for the Service consist of the Fees.
Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.
When you pay by debit card and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to use. If this happens you will need to contact your bank or card issuer to resolve the issue.
Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honoured in accordance with their published terms.
Cancellations and refunds
Cancellations and refunds
Emailing us at [email protected]
You agree that the fees charged with the transactions will not be refunded.
If you exercise your right to cancel the order after you have already paid us the funds to be transferred:
we will refund money paid by you only under the condition that goods bought will be returned in the state they were shipped, and no alterations or degradation of the order has happened; and
Refunds can take up to 7 working days to be processed and this depends as well on the customer's bank processes, which are beyond our control.
Promotions
All promotions, bonuses or special offers run by us are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.
In certain cases, we may conclude promotions, bonuses, or special offers before the end of the advertised period or may prolong the period of a promotion, bonus, or special offer usually due to abuse, limited up-take of the offer or error.
In the event that Sendashopping Pay reasonably suspects that a user of our service has abused, is abusing or is attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by “Usâ€, then “We†may, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to that user's account.
Complaints
We value your feedback as it helps us improve our service. We have established internal procedures for complaints.
You can make a complaint in writing to us regarding any aspect of the Service by mail or e-mail to the following addresses:
Sendashopping Ltd
86 – 90 Paul Street
London
EC2A 4NE
United Kingdom
Email: [email protected]
Transfer of rights and obligations
We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).
We are entitled to perform our obligations to you through subcontractors, agents and other third parties.
You may only transfer your rights and obligations under the Contract if we have agreed for this in writing.
Waiver
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.
Severability
If any court or competent authority holds that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful, or unenforceable to any extent, that shall not affect the other terms of these Terms and Conditions or the Contract which will continue in full force and effect to the fullest extent permitted by law.
Entire agreement
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.
You acknowledge that, in entering the Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.
Nothing in this clause limits or excludes any liability for fraud.
Our right to vary these terms and conditions
We reserve the right to revise, amend or replace these Terms and Conditions from time to time.
Our Terms and Conditions in force at the time that you order Services from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period and in any event within seven days that you wish to cancel the order, the revised Terms and Conditions will apply.
Third party rights
A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
Law and jurisdiction
Contracts for the purchase of our services using the Website or the Application and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. The foregoing shall be without prejudice to your statutory rights.
Intellectual property
The Website and the Application, the content, the name Sendashopping and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trademarks,) ("IPRs") are owned by us, our affiliates or third party licensors. Other names and logos of third-party product, service and companies displayed on the Website may be the trademarks of third parties. You shall not acquire any right, title, or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.