T&Cs and Privacy Statement

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://www.farmersmarketsonline.co.uk/ (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy

•Please scroll down to see our privacy policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

• Our Acceptable Use Policy

•Please scroll down to see our acceptable use policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

• Our Cookie Policy

•Please scroll down to see our cookie policy which sets out information about the cookies on our site.

Privacy policy

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

With your permission, we may send you emails about our store, new products and other updates.

By continuing to browse our site, you consent to our placing cookies on your computer (unless you have chosen to disable them via your browser).

This Privacy Policy explains how AVNI of London Ltd (‘We/Us/Our’) collect, store and use your personal data when you browse and use farmersmarketsonline.co.uk (the ‘Website’), and when you provide us with your personal data. Please read this Privacy Policy carefully.

By accessing, browsing or otherwise using the Website you confirm that you have read, understood and agree to this Privacy Policy. If you do not agree with any part of this Privacy Policy, you must not use the Website.

We respect your right to privacy and are committed to maintaining it. We only collect, store and process your personal data in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2011.

Our intended purposes for processing your personal data

    • to be able to send you information on new products, promotions, marketing, newsletters 
    • to be able to fulfil orders
    • to personalise emails and send special offers
    • to combine with other data to form an aggregate view to analyse our performance and make business decisions, for example we may analyse our sales to determine which products are best sellers and therefore which ones to put on a special offer.
    • to aggregate data for legal and statutory purposes e.g. for submitting accounts and paying tax.

Our lawful basis for the processing of your data:

  • Consent: the individual has given clear consent for us to process their personal data for a specific purpose.
  • Contract: the processing is necessary for a contract we have with the individual, or because they have asked us to take specific steps before entering into a contract.
  • Legal: processing is necessary for compliance with a legal obligation to which the controller is subject.

Right to withdraw consent:

    • We will hold your data indefinitely 
    • If you wish to unsubscribe please email us or click the link in the newsletters we have sent you.
    • You can log into your account and update your information. 
    • If you have placed an order we are unable to remove your details from the payments system as we need it to produce accounts and for traceability.

Third party controllers who will rely on the consent:

        • Google Analytics for analysis of traffic to our website
        • Mailchimp for managing our mailing lists and sending our communications
        • WooCommerce for providing the commerce facilities on our website
        • PayPal and/or Stripe for payment processing
        • WordPress for the website itself

You have the right to lodge a complaint with a supervisory authority, in particular the ICO at ico.org.uk.

Information we may hold about you

Information that you have provided to us including but not limited to when you:

•purchase products through the Website, over the phone, through our outlets

•submit rate and reviews

•use farmersmarketsonline applications on Facebook

•use the farmersmarketsonline mobile shopping application

•enter competitions, prize draws or promotions which we are promoting

•sign up to marketing/newsletters including by email and SMS

•use our customer services web-chat facility

•Information you provide our partners and when you report a problem with the website.

•Information you provide to us when applying through the Website for registration, subscribing to any of our services or requesting further services.

•If you contact us for any reason, we may keep a record of that correspondence.

•We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

•Information we collect using cookies stored on your device. Please see the section on cookies for more information and how to manage them.

•Your IP address

•Details of your visits to the website including, but not limited to, traffic data, location data and other communication data and the resources, advertisements and linked sites that you access.

•Information provided to us by other companies who have obtained your permission to share information about you

Information we request and hold includes but is not limited to the following:

•Your name, age, date of birth, sex

•Billing and delivery postal addresses

•Phone and fax numbers

•Email addresses

•Usernames and passwords

•Payment card details

•Browsing and shopping activities

•Your customer queries

We, or third party data processors who act on our behalf, may use the personal data you provide us in the following manner:

To provide you with the requested goods and/or services including but not limited to processing and fulfilling your order and administering promotions such as competitions and prize draws.

•To monitor and improve the services and the Website

•To manage your marketing preferences.

•To contact you if there is a query regarding your order.

•In the event that you purchase goods on the farmersmarketsonline website, you may be sent an email requesting whether you would like to review your product.

•To verify your identity.

•In certain circumstances in order to process your order and to verify your identity, we may call your provided telephone number you have provided to perform security checks and to request that you verify certain information.

•Market research purposes

•To enable us to comply with any legal or regulatory requirements;

•In the detection and prevention of fraud or other crimes.

•To assist with any of your customer queries

•For research, analysis, risk management, legal, accounting, administrative, testing, monitoring and for our business operations.

•To provide an e-Receipt for a store purchase.

Unless you have not consented to, we may use your personal data in the following manner:

From time to time, to inform you by post, email, SMS or other available means, of products, services, promotions and special offers.

To provide you with tailored/behavioural advertising through the use of cookies on the Website. This means that we have your agreement to store information about the products you have viewed or purchased so that we are able to make the adverts you see more relevant to you. In the event that you do not want to receive tailored advertising, or do not wish for any of your information to be processed through the use of cookies, please refer to the section on Cookies.

We may disclose personal data we collect to third parties in the following manner:

•All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. The third parties, which may include credit reference agencies, may keep a record of the information provided.

•To administer your account and to disclose your details to our third party service providers for the purpose of processing and fulfilment of your order.

•We may pass your personal data to other companies to support our business operations, and or audit purposes.

•We may disclose your personal data where it is necessary to comply with any applicable law or an order of a governmental or law enforcement body.

•We may pass on non-personal aggregated information about sales and website usage to reputable organisations for research or analysis purposes only.

•We may disclose your personal information to any member of the AVNI of London Ltd Companies, which means our subsidiaries, our ultimate holding company and its subsidiaries.

•We do pass your details to farmersmarketsonline approved Customer Service teams, who adhere to the UK Data Protection Acts 1998, and who will use this data solely for the purpose of answering your customer service queries.

•We may pass your information to third parties in order to fulfil and/or despatch your orders. The third party provider may send marketing material within the parcel or by post after fulfilment of your order.

•We may disclose your information to any successors of our business for them to use for the purposes set out in this Privacy Policy, and/or as part of any business or asset sale carried out.

Transferring data internationally

We may transfer personal data we have collected from you to a third party data processors located in countries outside of the European Economic Area (‘EEA’). We will comply with the Data Protection Act 1998 in respect of any such transfers. Please be aware that such countries which are outside of EEA may not have the same level of data protection as the United Kingdom, however our collection, storage and use of your personal data will continue to be governed by this Privacy Policy.

By using and/or shopping on the Website you consent to the transfer of your personal data to third party data processors located in countries outside of the European Economic Area (‘EEA’).

Payment Card details

We process your payment card details in order to complete your purchase that you made through the Website, mobile applications and the kiosk, and may in certain instances disclose your personal data to third party credit reference agencies to perform credit checks against you.

Microsites

We have partnered with various trusted third party companies to provide goods and services to you. Such goods and services can be accessed through links on the Website to the third party company’s microsite. A microsite is a website which is owned and operated by a third party company but is farmersmarketsonline or AVNI of London Ltd branded. Please note that these microsites may be governed by their own terms and conditions and privacy policies.

Email marketing

You may opt out from any email marketing by using the unsubscribe links at the bottom of the marketing emails.

You may opt out from any SMS marketing by using the suppression codes located on the marketing text messages.

Phishing

Phishing is a method used by fraudsters to deceive someone into giving sensitive information. Most of the time phishing will take the form of emails, which purport to be from well-known companies and ask recipients to send their private information. This information is then used for identity theft and fraud.

farmersmarketsonline will only ask you to send personal details by email if it is responding to a query you have sent it online and these details are needed to answer your query properly. In this case, there will be a unique reference number in farmersmarketsonline’s email to you, which refers to your original query. farmersmarketsonline will never ask you to send any personal details by email unless you have contacted farmersmarketsonline first. If you have not contacted farmersmarketsonline, please ignore any email claiming to be from farmersmarketsonline which asks for personal details, and let us know about it.

If farmersmarketsonline ever requires your personal information other than when you have already contacted farmersmarketsonline with a query, for security reasons we will ask you to give us a call.

 

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

 

 

Legal disclaimer

•All information including prices are correct at time of publishing and include VAT. It may be necessary to change prices either up or down, from time to time. Any price changes will be confirmed to you at the time of ordering.

•Every reasonable care has been taken to ensure that the descriptions and colour matching are accurate. However, all measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow.

•Offers containing alcohol are only open to customers aged 18 or over.

•If a product is recalled for any reason, you will be contacted.

•Please see our Terms and Conditions in for further details.

General terms and conditions

These terms apply to products ordered via the Internet on this site. Internet offers relate to internet transactions only and may not be available elsewhere. Likewise, temporary or local special offers available elsewhere do not apply to internet prices unless expressly specified.

1. Seller

1.1 farmersmarketsonline’s role

farmersmarketsonline allows third party sellers to list and sell their products at farmersmarketsonlinen.co.uk. In each such case this is indicated on the respective product detail page. While farmersmarketsonline helps facilitate transactions that are carried out on the farmersmarketsonline marketplace, farmersmarketsonline is neither the buyer nor the seller of the seller’s items. farmersmarketsonline provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. farmersmarketsonline is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. farmersmarketsonline does not offer any guarantee in addition to any contractual or other rights. For conditions relating to the sale by third parties to you on farmersmarketsonline.co.uk see the Participation Agreement.

1.2 OUR LIABILITY

We will do our utmost to ensure that availability of the farmersmarketsonline services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to farmersmarketsonline services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

farmersmarketsonline will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the farmersmarketsonline services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

1.3 The farmersmarketsonline service is owned by AVNI of London Ltd. Registered in England and Wales at Companies House No. 9529384. Registered Office 22 Eluna Apartments, 4 Wapping Lane, London, E1W 2RG.

2. Order process

2.1 Our display of products on our website is an invitation and not an offer to sell those products to you.

2.2 An offer is made when you place the order for your products. However, we will not have made a contract with you unless and until we accept your offer (see point 2.5 below).

2.3 We take payment from your card through Paypal, when we process your order and have checked your card details. Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.

2.4 If you enter a correct e-mail address we will send you an order acknowledgement e-mail and order update e-mail(s). These are not order confirmation or order acceptance from us.

2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us (or the relevant retailer in relation to certain sales which are facilitated by us) will take place at the point the products you have ordered are dispatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 2.3 above) or we have sent acknowledging e-mails (see 2.4 above). Very occasionally an error may occur resulting in the products described on our website not being the products actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been dispatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect products dispatched will be collected for full refund. Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. We reserve the right to refuse orders including those that we consider are for commercial or non-domestic purposes, or subject to onward delivery by a 3rd party.  Where products are used for non domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

2.6 The contract will be formed at the place of dispatch of the products.

2.7 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.

2.8 We do not file details of your order for you to access please print out these terms and conditions and the order acknowledgement for your own record.

3. Payment

3.1 You will be charged the current price for buying products from our website at the date and time you place your order. All prices are displayed on our website and are inclusive of VAT (where applicable). We reserve the right to amend prices if there is a change in the rate of VAT. All total prices for goods and services at the checkout represent the total price payable by the customer for those items, regardless of the address for delivery within the UK. We do not deliver outside of the UK.

3.3 A delivery charge will be applied at checkout, please view our delivery charges.

3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.

4. Delivery

For our Terms & Conditions on our Delivery Options, please refer to our Delivery information here. Please note that our definition of Working Day is all days, from Mon-Sat, excluding Sunday and bank holidays.

5. Cancellation

If, for any reason, you wish to do so you have the right to cancel any order you have placed (other than in respect of products made to your specification). You may cancel an order at any point from placing the order up to fourteen (14) calendar days, from the day after delivery of the product(s) to you. This is in line with the Consumer Contracts Regulations 2013. We are unable to cancel any orders once they have passed through our payment system. To cancel please either refuse delivery or return via one of our return options.

The following procedures will apply:

5.1 You can either e-mail or telephone us on 02074880308. If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order). Please refuse any delivery of cancelled products or return them to us.

6. General

6.1 The reproduction of colours is as accurate as the photographic and production process will reasonably allow. Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on farmersmarketsonline.co.uk are correct at the time when the information was inputted onto the system, the information appearing on farmersmarketsonline.co.uk at any time may not reflect the exact position at the moment you place an order.  Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.

6.2 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

6.3 We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.

6.4 These terms, constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

6.5 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.

6.6 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.

6.7 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.

6.8 You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

6.9 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS

If you purchase goods from our site, our terms and conditions of supply will apply to the sales

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@averyniceidea.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws, Trade mark registrations and other registered and unregistered rights in treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

•use of, or inability to use, our site; or

•use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

•loss of profits, sales, business, or revenue;

•business interruption;

•loss of anticipated savings;

•loss of business opportunity, goodwill or reputation; or

•any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our terms and conditions of supply.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Rights you licence

When you upload or post content to our site, you grant us and third parties a Licence to use, store and copy that content and to distribute the content to third parties.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Acceptable use policy

This acceptable use policy sets out the terms between you and us under which you may access our website https://www.farmersmarketsonline.co.uk/ (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

Prohibited uses You may use our site only for lawful purposes. You may not use our site:

•In any way that breaches any applicable local, national or international law or regulation.

•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

•For the purpose of harming or attempting to harm minors in any way.

•To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

•Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

•Not to access without authority, interfere with, damage or disrupt:

•any part of our site;

•any equipment or network on which our site is stored;

•any software used in the provision of our site; or

•any equipment or network or software owned or used by any third party.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions).

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

•Be accurate (where they state facts).

•Be genuinely held (where they state opinions).

•Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

•Contain any material which is defamatory of any person.

•Contain any material which is obscene, offensive, hateful or inflammatory.

•Promote sexually explicit material.

•Promote violence.

•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

•Infringe any copyright, database right or trade mark of any other person.

•Be likely to deceive any person.

•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

•Promote any illegal activity.

•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

•Be likely to harass, upset, embarrass, alarm or annoy any other person.

•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

•Give the impression that they emanate from us, if this is not the case.

•Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

•Immediate, temporary or permanent withdrawal of your right to use our site.

•Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

•Issue of a warning to you.

•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

•Further legal action against you.

•Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

 

Participation Agreement

Marketplace

Last updated: 13 July 2016

Welcome to AVNI of London’s (“AoL’s”, “its”, “we”, “us”, “our”) online marketplace on farmersmarketsonline.co.uk (the “Site”). Any person who wants to access the Site to buy or sell goods or services (“items”) or to use the other features provided (collectively, the “Service”) must accept the terms and conditions of this Participation Agreement without change. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT. In particular, you acknowledge that you have read and understood the clauses in this Participation Agreement relating to: farmersmarketsonline disclaimer of warranties; limitation of liability; protection and use of your personal data; your consent to the publication of feedback and ratings about your performance on the Site; and the manner in which farmersmarketsonline may make changes  to this Participation Agreement.

This Participation Agreement is divided into three sections:

A. General Conditions

B. Conditions relating specifically to Sellers

C. Conditions relating specifically to Buyers

A. General Conditions

1. Eligibility and Registration Requirements

1.1 Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of the UK (for example, minors are not permitted to use the Service).

1.2 Only visitors to the Site who register and enter into this Participation Agreement (“participants”, “buyer”, “seller”, “you”, “your” as the context requires) may participate in buying or selling on the Site using the Service.

1.3 If you are selling items as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing. You must provide us true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to  verify your information (including any updated information), to obtain credit  reports about you from time to time while you are registered (including credit  reports about your spouse), and to obtain an initial credit authorisation from your  credit card issuer at time of registration. You must be issued with a major credit/debit card that is accepted on the Site and you must register that card with us, and your application for registration must otherwise be acceptable to farmersmarketsonline in its own absolute discretion.

1.4 To register you must provide your real name, address, phone number, e-mail address and a valid credit or debit card acceptable by farmersmarketsonline. You warrant to farmersmarketsonline that the information you provide during the registration process (and any notification of change of such information) is true and correct.

1.5 You are obliged to notify farmersmarketsonline of any changes to your registration information immediately.

1.6 farmersmarketsonline reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.

1.7 If you provide false or incorrect registration information or do not notify farmersmarketsonline of changes to your registration information immediately, farmersmarketsonline reserves the right to terminate your account immediately and without notice to you.

1.8 You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.

1.9 Unless otherwise indicated, farmersmarketsonline itself and its affiliates may participate in Fixed Price Sales (as that term is defined in clause 2.1). When farmersmarketsonline or its affiliates offer items for Fixed Price Sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this Agreement as any other seller on this Site. In addition, employees of Farmersmarketsonline are permitted to participate in their personal capacity (i.e., not as farmersmarketsonline employees, representatives or agents) in the transactions conducted through this Site subject to Farmersmarketsonline’s internal employee policy. farmersmarketsonline employees, representatives or agents, when participating in any transaction using the Service in their personal capacity, are subject to this Participation Agreement.

2. Fixed Price Sales

2.1 Under the Service, items are offered by sellers for sale at a fixed price (“Fixed Price Sales”). Unless otherwise agreed by us with the seller in advance in writing, the price of any items sold using the Service (including the applicable delivery charge) are displayed  inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be  applicable and sellers may not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export, and excise duty, VAT or other taxes which  are additional to the price displayed for the item on the Site.

2.2 For items listed for sale using the Service, sellers may only charge buyers a fixed delivery charge and such a charge will be priced in accordance with the Marketplace delivery charge schedule in effect from time to time and contained in the Help Section. Delivery charges will be displayed on the check-out page.

3. International sales

International listings are not allowed on this site.

4. Prohibited Items

Any participant may list an item for Fixed Price Sale on the Site subject to this agreement and our policies.

The following items must not be listed on the Site by sellers or purchased by buyers (irrespective of whether the item is listed on any of the other participating sites):

4.1 Offensive material, including material that  incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;

4.2 Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);

4.3 Living animals;

4.4 Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;

4.5 Firearms and ammunition;

4.6 Stolen goods;

4.7 Advertisements;

4.8 Items that infringe another party’s copyright,  patent, trademark, design right, database right, or other intellectual property  or other proprietary right (e.g.: pirated software, CDs, videos and DVDs, OEM  software and so on);

4.9 Illegal or prescription drugs;

4.10 Items whose sale, distribution or offering for sale is prohibited by any applicable law;

4.11 Items whose sale is subject to export restrictions (e.g.: Cuban cigars, certain encryption software and so on);

4.12 Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);

4.13 any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.

5. Contract fulfilment

5.1 farmersmarketsonline will confirm each order to the seller and the buyer. Sellers must deliver items sold to the market for which the order has been placed. Sellers must provide a full refund to any buyer who remits payment, if the item cannot be delivered.

5.2 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the completion of a Fixed Price Sale to complete the transaction in writing and/or in the relevant form (as the case may be).

5.3 Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:

(a) All postage, customs, import, export and excise duty, VAT and  any other taxes associated with the Fixed Price sale (if applicable) will be  paid by the buyer and it is the seller’s responsibility to determine, collect  and remit the applicable VAT, customs, import, export and excise duties and any other taxes  associated with the Fixed Price Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold using the Service must be displayed  inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price Sale, which may be applicable and sellers will not charge  or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;

(b) Buyers are required to pay sellers in the currency in which the Fixed Price Sale is listed;

(c) The sale will be subject to any warranties implied under applicable law; and

(d) The contract between the buyer and seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.

6. Farmersmarketsonline’s Role

Buyers authorise farmersmarketsonline to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via the Service. While farmersmarketsonline helps facilitate transactions that are carried out using the Service, farmersmarketsonline is neither the buyer nor the seller of the seller’s items. farmersmarketsonline is not an auctioneer. farmersmarketsonline provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this Participation Agreement. farmersmarketsonline is not the agent of the seller. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. The enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. farmersmarketsonline is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Buyers and sellers use the Site and the Service at their own risk.

Termination

farmersmarketsonline may, in its sole and absolute discretion, terminate this Participation Agreement, access to the Site or the Service, or any current Fixed Price Sales immediately without notice for any breach of any of the terms of this Participation Agreement. Seller may terminate its participation in the Service at any time by giving notice to farmersmarketsonline.  farmersmarketsonline may terminate the seller’s participation in the Service at any at any time by giving notice to the seller.  Upon termination, all rights and obligations of the parties under this Participation Agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any  orders placed prior to such termination for items listed by seller using the  Service including, without limitation, any fees incurred and any other liabilities incurred under clause.

8. farmersmarketsonline’s Reservation of Rights

8.1 farmersmarketsonline retains the right to, if it considers it appropriate: immediately halt any Fixed Price Sale; prevent or restrict access to the Site or the Service; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site under this Participation Agreement. farmersmarketsonline reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to generality of the rights in this clause (8), and to any other rights that farmersmarketsonline may have in this Participation Agreement, farmersmarketsonline reserves the right to refuse listings or to immediately remove  any listings where farmersmarketsonline objects to how you identify yourself on the Site  (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name contrary to  the requirements set out in clause 10.4, and/or if you are otherwise in  contravention of the requirements set out in clause 10.4.

8.2 Each participant, whether or not he or she is currently a buyer or seller, agrees that farmersmarketsonline shall be entitled to retain for  itself the interest, if any, paid on balances in all its bank accounts,  notwithstanding that some of that interest may be attributable to the time taken for the exercise of the rights, and the performance of the obligations, under this Participation Agreement.

9. Ratings and Feedback

9.1 Participants may leave feedback (“Feedback”) on other participants relating to the other participants’ performance in buying or selling items on the Site and using the Service.  Further, buyers and sellers only may rate each other’s performance in relation to a Fixed Price Sale using a rating system (“Rating”). You acknowledge and accept that your Feedback and Rating will be publicly available for viewing on the Site. farmersmarketsonline is not responsible for checking or editing the Feedback or Ratings on the Site. YOU CONSENT TO THE PUBLICATION OF, AND  AUTHORISE Farmersmarketsonline TO PUBLISH, FEEDBACK AND RATINGS EVEN THOUGH SUCH FEEDBACK OR  RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH Farmersmarketsonline MAY BE  AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH FEEDBACK OR RATINGS CAUSED OR  CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU  RELEASE farmersmarketsonline FROM AND WAIVE ALL RIGHTS AGAINST farmersmarketsonline IN RESPECT OF ANY  LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY  DEFAMATORY COMMENTS ABOUT YOU IN SUCH FEEDBACK AND RATINGS.

9.2 When submitting Feedback and Ratings, you must comply with the Feedback Guidelines. You agree to indemnify and hold harmless  farmersmarketsonline and its affiliates (and their respective employees, directors and  representatives) against any claim or action brought by a third party, arising  out of or in connection with any Feedback or Ratings left by you on the Site.

10 Grants of Licence, Intellectual Property and Linking and Framing

10.1 Licenses (a) Your Grant. By entering into this  Participation Agreement and listing an item, you grant farmersmarketsonline and its  affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable,  right to exercise all copyright, database rights and rights of publicity over  the material displayed in your listings or in any other catalogue or product  information that you provide to us (excluding any of your logos, trademarks or  other similar branding), in any existing or future media, known or unknown, now  or at any later date. (b) farmersmarketsonline’s Grant. farmersmarketsonline grants you limited non-transferrable license to each participant to make personal use only of the Site and the Service in accordance with this Participation Agreement. This license expressly excludes, without limitation: any resale or commercial use of  the Site and the Service; modifying, distributing, copying, republishing or  making any derivative of the Site or the Service; the collection and use of  participant e-mail addresses or other participant information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.

10.2 Intellectual Property Rights

Subject to the licence granted to you under Clause 10.1(b), farmersmarketsonline reserves all right, title and interest in its and its affiliates’ intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential  information, trade and business names and any other similar protected rights in  any country) in the Site and the Service. Any goodwill accruing out of the use  of farmersmarketsonline’s and its affiliates’ trade marks, trade and business names and  service marks under this Participation Agreement will vest in farmersmarketsonline and its  affiliates, as the case may be.

10.3 Linking to the Site and prohibition on Framing

Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the Site  posted or maintained on any location by you or on your behalf, conveys users  directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the Site as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the Site.

12 No Warranties

12.1 Disclaimer of Warranties. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS. farmersmarketsonline MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING  WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THE SITE OR THE  SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION,  CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY  SELLERS, AVAILABLE FOR SALE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THAT  SELLERS OR BUYERS WILL PERFORM AS PROMISED. (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF farmersmarketsonline. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, farmersmarketsonline DISCLAIMS ANY AND ALL SUCH WARRANTIES.

12.2 General Release. BECAUSE farmersmarketsonline IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER’S ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE Farmersmarketsonline (AND ITS EMPLOYEES, REPRESENTATIVES  AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY  KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND  UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13 Limitation of Liability

13.1 TO THE FULLEST EXTENT PERMITTED AT LAW, farmersmarketsonline  WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT–INCLUDING NEGLIGENCE, OR UNDER  ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT  LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL  DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR  LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT,  THE SITE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM  ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR  RATINGS POSTED TO THE SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE,  WHETHER OR NOT farmersmarketsonline HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13.2 Despite anything else contained in this Agreement, neither party excludes any liability for death or personal injury to  the extent only that it arises as a result of the negligence of that party, its  employees, agents or authorised representatives.

14 VAT and other taxes on the sale of goods and/or services by Sellers

You agree that it is the seller’s responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on the Site is inclusive  of any VAT, customs, import or export duty, excise tax or other tax that the seller may be  required to remit in connection with such sale. You also agree that Farmersmarketsonline is  not obliged to determine whether VAT or other taxes apply to any sale of any  goods or services by a seller to a buyer on the Site and is not responsible for  collecting, remitting or reporting any VAT or other taxes arising from such  sale.

15 General Provisions

15.1 Entire Agreement

This Agreement incorporates by this reference all  terms, conditions, policies, guidelines and other information on the Site  concerning the Site or the Service, including but not limited to the Privacy  Notice and Conditions of Use & Sale and constitutes the entire agreement of  the parties with respect to the subject matter hereof and supersedes and  cancels all prior and contemporaneous agreements, claims, representations and  understandings of the parties in connection with the subject matter hereof.

15.2 Third-Party Beneficiary

Farmersmarketsonline is not your fiduciary or trustee. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Farmersmarketsonline and its affiliates, you, and  relying buyers or sellers.

15.3 Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

15.4 No Waiver

farmersmarketsonline’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Farmersmarketsonline’s right to subsequently enforce such provision or any other provisions of this Agreement.

15.5 Variations

This Participation Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. Farmersmarketsonline reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICE FOLLOWING Farmersmarketsonline’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE SERVICE OR THIS SITE.

15.6 Notices

Notices can be sent to you at the e-mail address you provided to farmersmarketsonline or posted on the Site. You may send notices to farmersmarketsonline at our registered address:

15.7 Governing Law

This Participation Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the UK, and you irrevocably submit to the non-exclusive jurisdiction of the UK.

B. Conditions relating specifically to Sellers

1. Seller’s Obligations with respect to Listing Items

1.1 Sellers Warranties. By listing an item in a Fixed Price Sale:

1.1.1 you represent a warrant to prospective buyers that: (a) you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and (b) the listing is accurate, current and complete and is not misleading or otherwise deceptive;

1.1.2 Unless we have agreed with you in advance and in writing to the contrary, you represent and warrant to Farmersmarketsonline that: if you are a business, you are duly organized, validly existing and in good standing under the laws of the state or country in which your business is registered. In any event, you represent and warrant to Farmersmarketsonline that: (a) the item is not one that would fall within any of the prohibited items described in clause A.4. and (b) the item is safe and bears  any marking and labelling required under applicable law e.g. a “CE”  mark.

1.1.3  Customer Service and Other Non-Price Terms.  You will ensure that the customer service you provide and each other non-price term on which you offer or sell an item on or through the Site are at least as favourable to customers as the most favourable customer service and other corresponding terms offered by you or your affiliates for that item on or through any Sales channels and other means (other than physical stores) through which you or your affiliates offer or sell products, including without limitation online channels, mobile device applications, catalogues, third party platforms or marketplaces, and other electronically-enabled channels (“Non-Physical Sales Channel”).

1.1.4 Returns and Refunds. For all of your products that are not fulfilled using the Fulfillment by Farmersmarketsonline service, you will accept and process returns, refunds and adjustments in accordance with this Participation Agreement and the Farmersmarketsonline return policies published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products.  You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Marketplace purchases, using functionality we enable for your account, and will route all such payments through Farmersmarketsonline. We will provide any such payments to the Buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Farmersmarketsonline to Seller under this Agreement or seek reimbursement from you via any of the means authorized in this Participation Agreement. For all of your products that are fulfilled using the Fulfillment by Farmersmarketsonline service, the Farmersmarketsonline return policies published on the Site at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Farmersmarketsonline return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.

1.1.5  Content and Other Information.  You will ensure that all content and other information you provide to us regarding each item you offer or sell on or through the Site are of at least the same quality, completeness, and accuracy as the highest quality and most complete and accurate content and other information displayed or used by you or your affiliates for that item on any Non-Physical Sales Channel.

1.2 Compliance with Applicable Law

You further warrant that the sale or distribution of the item is not in breach of applicable law (including, where items are sold internationally, the law of the destination country). This responsibility  includes, but is not limited to, ensuring that (a) any items sold are safe, (b)  any items sold bear a “CE” or any other mark where required by  applicable law, (c) any items sold are appropriately packaged and labelled as  required by applicable law, (d) any items sold otherwise comply with all  applicable law regarding their sale. You will audit the products that you sell on a regular basis (at least monthly) to ensure on-going compliance with this obligation. You will also advise the buyer of any age or other restrictions that apply to the sale of any products that you sell. Farmersmarketsonline makes no representations that items not appearing on the prohibited items list in clause A.4. or in applicable guidelines contained in the Help Section may be sold or  distributed or offered for sale under applicable law.

2. Seller’s Fees

2.1 By listing an item on the Site for Fixed Price Sale, you agree to pay the annual fee and commission as agreed individually with each Seller. We may, in our sole and absolute discretion, waive, reduce, or reverse charges or fees for a specific transaction.

2.2 All fees in Great Britain Pounds Sterling, and are exclusive of VAT, unless stated otherwise. The Fee Schedule may vary in the future. The Fee Schedule in effect at the time of the order processing regarding the relevant item will govern the transaction. You should check the fees and terms each time you participate in a  Fixed Price Sale. All fees are payable upon demand. By listing an item for Fixed Price Sale on the Site, you authorise Farmersmarketsonline to charge your credit /debit card or, where applicable, to debit your Farmersmarketsonline Seller Account, for all and any amounts due in the manner and at the times set out in the Fee Schedule.

2.3 VAT on seller fees. The seller fees are subject to VAT where applicable and will be paid by the seller at the time of payment  of the corresponding fees.

2.4 If you provide Farmersmarketsonline with your valid VAT registration number, VAT will not be charged by Farmersmarketsonline on your seller fees.

Once your evidence is reviewed and accepted by Farmersmarketsonline, VAT will not be charged by Farmersmarketsonline on the fees hereunder provided you are not established in Luxembourg.

In order for you to not be charged VAT by Farmersmarketsonline, you must provide  Farmersmarketsonline with a valid VAT registration number from your tax authority, or evidence that you are in business, and you  must agree to and acknowledge the conditions set out below:

2.4.1 You warrant and represent that the VAT registration number you submit to Farmersmarketsonline belongs to the business you operate, and that  business is established in one of the European Union countries;

2.4.2 You warrant and represent that all  transactions on your Farmersmarketsonline Seller Account will be business-related  transactions made by the business associated with the VAT registration number, or the evidence of being in business, you submit to Farmersmarketsonline;

2.4.3 You warrant and represent that the VAT  registration number, or the evidence of being in business, and all other information provided by you is true, accurate  and current and you will immediately update any such information held by Farmersmarketsonline  in case of any changes;

2.4.4 Farmersmarketsonline reserves the right to request  additional information and to confirm the validity of your Farmersmarketsonline Seller  Account information (including your VAT registration number) from you or  government authorities and agencies as permitted by law and you irrevocably  authorise Farmersmarketsonline to request and obtain such information from such government  authorities and agencies. Further, you agree to provide any such information to  Farmersmarketsonline upon request.

2.4.5 Farmersmarketsonline reserves the right to charge you any applicable unbilled VAT if you provide a VAT registration number, or evidence of being in business, that is determined to be invalid. You irrevocably authorise Farmersmarketsonline to debit your credit card for any such unbilled VAT.

2.5 If you are a business that is established in a European Union country and you provide Farmersmarketsonline with your valid VAT registration number that was issued to you by a European Union country, you agree to accept electronic VAT invoices in a format and method of delivery as determined by  Farmersmarketsonline.

2.6 If you are a business that is established in Switzerland or Liechtenstein and you provide Farmersmarketsonline with a VAT registration number, you agree to accept electronic VAT invoices in a format and method of delivery as determined by Farmersmarketsonline.

3. Prohibited Acts, Security Measures

3.1 Sellers must:

(a) sell all items on his or her own account and  must not represent that he or she is selling on behalf of any third party; and

(b) not use the Service or the Site in the  contravention of any applicable law nor permit or assist others to do so.

3.2 As a security measure, we may, but are not  required to, impose transaction limits on some or all buyers and sellers  relating to the value of any transaction, disbursement or adjustment, the cumulative value of all  transactions, disbursement or adjustment, during a period of time, or the number of transactions per day or  other period of time.

4. Order information

Each sale of an item agreed via the Site is recorded in the relevant seller’s Farmersmarketsonline Seller Account using our standard procedures. The seller may access the Seller’s Transactions feature in the Farmersmarketsonline Seller Account only with a browser that is compatible with the Service, including any security features that are a part of the Service.  Seller waives any right it may have to assert a claim against Farmersmarketsonline with respect to the Site and the Service when dispatching an item to an address other than the address provided in  respect of that item in the Farmersmarketsonline Seller Account.

5. Procedures and Guidelines

You agree to abide by the procedures and guidelines set out in our verbal discussions.