- About Ethea & these Terms
Ethea Limited is a company registered in England under 10716554, whose registered address is America House Rumford Court, Rumford Place, Liverpool, United Kingdom, L3 9DD (Ethea). Ethea’s website www.ethea.co.uk (the website) is an online market platform for the buying and selling of ethically produced goods such as clothing and homeware goods. We strive to find goods suitable for vegans. It is our number one priority that goods on our website are ethically produced and/or sourced. Whilst we strive to deliver on this goal we cannot guarantee that all goods are produced and/or sourced as we intend. If you notice goods being sold on our website that are not ethically produced/resourced then please let us know. We request that sellers on the website provide a warranty to the effect that the products are ethically sourced/produced (including that they are Fair Trade Approved, GOTS & SA008 certified or similar) and any breach of that warranty would be deemed a material breach of these Terms and Conditions entitling us to terminate any agreement we have with that seller with immediate effect.
Please note that Ethea is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the website. As such, Ethea cannot guarantee the quality, legality, authenticity or safety of any products listed or the accuracy of the listings. Ethea accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.
When you sign up to sell goods through the website or make a purchase via the website you are indicating that you have read and accept these Terms and Conditions which shall take precedence and priority over any terms and conditions that you may purport to provide.
To access and utilise the resources on this site you must be a registered user or comply with the following restrictions: Ethea’s services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that Ethea shall not be held responsible for any damages incurred by use of the website and the sale or purchase of goods via the website.
Access to shopping on the website is offered at no charge to the user and can be restricted or revoked at any time without notice. Access to a seller account and seller functions requires a verified payment method and contact information. It is the exclusive responsibility for sellers to deal with faulty or incorrect products and orders as well as arranging for the delivery, returns and refunds of goods. It is the sole discretion of Ethea to grant website usage, as well as to revoke website usage at any time, for any reason and without notice. By your use of the website you agree that Ethea is not liable to you or any third party for the termination of your account, or restriction from website usage. Ethea retains the right to refuse service to any seller and suspend any account at its sole discretion.
- Fees and Billing Policy
Shoppers: Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice by Ethea
Joining Ethea as a seller requires confirmed contact information and a verified payment method. The seller shall supply the goods at the prices agreed between the seller and Ethea. Ethea shall make the goods available for sale at the prices as set out on the website (Retail Price). Ethea has the exclusive right to alter the Retail Price for goods on its website.
Following purchase of a product, Ethea will pay to the Seller the relevant sums following receipt of payment by Ethea from the relevant purchaser after the folllowing has occurred: 14 days has passed since sale, the withdrawal threshold has been reached and a withdrawal request has been made. Ethea reserves the right to reasonably change the withdrawal threshold at any time.
- Cancellation / Returns
To return goods you should contact the seller who undertakes to comply with the relevant regulations for returns of goods. Refunds by the seller (whether full or partial, including reductions in price) under this will be issued within 14 calendar days of the day on which the seller agrees that you are entitled to the refund. Any and all refunds issued should include all delivery costs paid by you when the goods were originally purchased. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office
- Listing and Selling Products
Ethea provides a platform for shoppers and independent sellers to buy and sell goods. Sellers may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at Ethea’s discretion and the seller’s account will be evaluated for possible termination. Ethea reserves the right to review, restrict, suspend or terminate a user’s account at any time without explanation or notice. Ethea reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.
By accessing and using the website sellers warrant that the products that they are offering for sale are ethically produced and/or sourced and that they are Fair Trade, GOTS & SA008 certified or approved or similar). Any breach of such warranty shall entitle Ethea to terminate any agreement with the seller with immediate effect and to cease immediately the inclusion of any of the seller’s goods with no liability to Ethea.
By accessing and using the website sellers warrant that the products that they are offering for sale are described accurately and completely.
The transaction between buyer and seller shall be considered a legally binding contract between those two parties. Ethea shall not be held liable, nor will Ethea be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with these Terms and Conditions. Any further terms and conditions set forth by the seller and agreed to by the buyer shall have no effect on these Terms and Conditions nor bind Ethea into obligations that may be set out in the seller’s terms and conditions. Buyers and sellers are responsible for all communication, specification or customisation requests and communication. Sellers are required to confirm customisation via email for one of a kind or customised products to ensure a record of the request outside of the internal Ethea systems.
The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user’s account without permission. Violation of this policy will result in an investigation by Ethea, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by Ethea.
The Ethea cart and checkout process may include the addition of applicable sales taxes where our software can determine a tax nexus between buyer and seller (United States sales only). As a business owner, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction. Ethea cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.
Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller’s local jurisdiction remains the sole responsibility and liability of the seller. Ethea does not collect or make tax payments on any seller’s behalf.
By using the Ethea platform you agree that Ethea is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.
It is acknowledged and accepted by all users that Ethea is providing an online market place platform for the offering for sale and the purchasing of goods. Ethea is not a representative, employer or partner of any seller.
- Buyer and Seller Transactions
Through the use of the Ethea service, buyers and sellers will create legally binding contracts for the sale of goods. Both parties are expected to fulfil the arrangement for the sale of goods.
Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions. Users should be aware of other users operating under false pretence, misrepresentation, and with the intent to commit fraud.
While Ethea takes precautionary measures to ensure the identity and validity of users of the website (including sellers), we cannot and do not confirm the identity of all parties who use the Ethea service. We suggest all users employ common sense, and encourage users to contact Ethea to report any and all suspicious behaviour or misappropriation of the site service.
Ethea does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via firstname.lastname@example.org
- Dispute Resolution
For disputes between users and Ethea, please contact Ethea directly via email@example.com
In the event that a dispute arises between one or more users of the Ethea site or a 3rd party, Ethea will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, Ethea has no obligation to mitigate or resolve disputes between users and other parties. Ethea encourages users to use the proper local, national or international authorities to assist in dispute resolution.
- Acceptable Use
Users are able to use the website to make connections, collaborate, promote their shops, report issues, or have discussions. Such use is subject to our Acceptable Use Policy.
To ensure that Ethea continues to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:
- Infringement of our Terms and Conditions
All users of Ethea must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. Ethea will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on Ethea. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on Ethea.
- Marketplace Category Guidelines
Your product listing must not misrepresent to buyers the origin or condition of the product. Ethea may review and re-categorise listings at its own discretion and without notice. Failure to consistently categorise products accurately may result in the restriction of category options available to a user, suspension or removal from the website.
- Prohibited Items
Any item that which in whole or in part is subject to a recall.
Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
Mass produced electronics
Ivory or animal products from endangered species collected illegally
Motor vehicles, or parts for motor vehicles or recreational vehicles
Any item that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
items not in your possession or items you don’t intend to deliver
Illegal, counterfeit or contraband items of any sort.
Items, materials or products that are copyrighted, trademarked or patented by another party.
Replica items, including designer items.
Personal data or information.
Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort.
Misrepresented items or products.
Harmful, harassing, intimidating or defamatory materials, products or items.
Hazardous materials, products, or items.
Any product or service that Ethea determines to be inappropriate, harmful, fraudulent, or illegal.
- Usernames, Account names, Usage and Ethea Reserved Rights
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of Ethea. Ethea reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of the agreement between Ethea and the user.
- Intellectual Property Rights
All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by Ethea, Ethea staff, or contractors of Ethea is owned by Ethea or licensed to Ethea and may not be used without the prior express written permission of an authorised officer of Ethea.
Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to re-publish said content for the purposes of promoting or providing benefit to the web community and properties of Ethea.
This license extends to the reasonable lifetime of any promotional tool. Ethea does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties.
- Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available via the website correspond to the actual goods. Please note, however, the following:
Images of the goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
Due to the nature of the goods sold via the website, there may be up to a variance in the size, capacity, dimensions, measurements and/or weight, of those goods between the actual goods and the description.
We cannot guarantee that goods will always be available. Stock indications are not necessarily provided on the website.
Minor changes may, from time to time, be made to certain goods between your order being placed and processing that order and dispatching the goods. The seller and the buyer should maintain communications on any changes to the goods.
We make all reasonable efforts to ensure that all prices shown on the webite are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (subject to applicable tax laws).
Delivery charges are in addition to the price of goods displayed on the website. Delivery options and related charges will be presented to you as part of the order process or may be determined between the buyer and the seller.
- Orders – How Contracts Are Formed
Our website will guide you through the ordering process. Before submitting your order you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
No part of the website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer to the seller that seller may, at their sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we or the seller have accepted it. The seller’s acceptance is indicated by us sending you an order confirmation by email. Only once we have sent you an order confirmation will there be a legally binding contract between you and the seller.
Order Confirmations shall contain the following information:
Your order number;
Confirmation of the goods ordered including full details of the main characteristics of those goods;
Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges;
Estimated delivery date(s). Please note that delivery of the goods is the exclusive responsibility of the seller.
Payment for goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
- Delivery, Risk and Ownership
All goods purchased through the website will normally be delivered within 30 calendar days after the date of the relevant order confirmation unless otherwise agreed or specified during the order process (subject to delays caused by events outside of our control) or by the seller.
The seller is exclusively responsible for delivery of the goods on the designated dates.
Delivery shall be deemed complete and the responsibility for the goods will pass to you once the goods have been delivered to the address including, where relevant, any alternative address you have provided.
Ownership of the goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
- Faulty, Damaged or Incorrect Goods
By law, the seller must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that the seller has provided, and that match any samples or models that you have seen or examined (unless you have been made aware of any differences). If any goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) goods, please contact the seller as soon as reasonably possible to inform the seller of the fault, damage or error, and to arrange for a refund, repair or replacement.
Your available remedies will be as follows:
Beginning on the day that you receive the goods (and ownership of them) you have a calendar day right to reject the goods and to receive a full refund if they do not conform as stated above.
If you do not wish to reject the goods, or if the 30 calendar day rejection period has expired, you may request of the seller a repair of the goods or a replacement. The seller will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, the seller may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while the seller carries out the repair or replacement and will resume on the day that you receive the replacement or repaired goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
If, after a repair or replacement, the goods still do not conform (or if the seller cannot do so as previously described, or has failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the goods at a reduced price, or to reject them in exchange for a refund.
If you exercise the final right to reject the goods more than six months after you have received the goods (and ownership of them), we and/or the seller may reduce any refund to reflect the use that you have had out of the goods.
Within a period of six years after you have received the goods (and ownership of them), if the goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
Please note that you will not be eligible to claim if we or the seller informed you of the fault(s), damage or other problems with the goods before you purchased them (and it is because of the same issue that you then wish to return them); if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return goods merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return goods for this reason.
- Cancelling and Returning Goods if You Change Your Mind
If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the agreement for any reason. This period begins once your order is complete and we have sent you your order confirmation, i.e. when the contract between you and the seller formed. You may also cancel for any reason before we send the order confirmation.
If the goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the goods.
If the goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of goods.
If you wish to exercise your right to cancel under this section, you must inform us and the seller of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send the message your message.
Please note that you may lose your legal right to cancel in the following circumstances:
If the goods are sealed for health or hygiene reasons and you have unsealed those goods after receiving them;
If the goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the goods after receiving them;
If the goods are likely to deteriorate quickly, for example flowers or food;
If the goods have been personalised or custom-made for you.
Please ensure that you return goods no more than 14 calendar days after the day on which you have informed that you wish to cancel.
The seller undertakes to provide refunds under this section within 14 calendar days of the day on which the goods are received back; or
Refunds may be reduced for any diminished value in the goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if a refund has been issued before receipt of the goods and the seller has not had a chance to inspect them, you may be subsequently charged an appropriate sum if it is found that the goods have been handled excessively.
If any part of these Terms and Conditions shall be held invalid by court of competent jurisdiction the remaining portions of the Terms and Conditions shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
- Law and Jurisdiction
These Terms and Conditions and any dispute arising there from shall be governed by the laws of England and Wales whose courts shall have exclusive jurisdiction.
- Limitation of Liability and Compensation
By accessing this site the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total amount paid by the end user to Ethea for services. Ethea shall not be liable for any consequential losses and/or indirect costs incurred by the seller and/or buyer and/or user of the website.
- Hold Harmless
By executing any transaction or viewing or using any portion of this site you agree to hold harmless Ethea its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of these Terms and Conditions, accessing the website or engaging in any transaction or interaction stemming from the access of the website.