Terms And Conditions

Buyers Terms and Conditions

(Vendors please scroll down) 

Updated December, 2017

This page (together with the documents expressly referred to on it) provides You with information about the Mysokoni Website (www.mysokoni.co.uk, www.mysokoni.com) and the legal terms and conditions (Terms) which shall apply when You register with the Mysokoni Website and when You purchase Goods or Services from the Vendor. 


Please read these Terms carefully and make sure that You understand them, before You register with the Mysokoni Website and when You purchase Goods or Services from the Vendor. Each Vendor has their own Terms and Conditions, Privacy and Delivery/Return Policy, please read these as well as the Mysokoni Terms and Conditions, Privacy & Cookie Policies. Please note that when You register on the Mysokoni Website and when You reach the checkout before placing an order, You will be asked to agree to these Terms.  


Please tick the box marked “You agree with our Terms and Conditions” in the area adjacent to the link to these Terms to confirm Your acceptance. If You refuse to accept these Terms, You should not register on the Mysokoni Website and You will not be able to order any Goods or Services from the Vendor(s) on the Mysokoni Website. If you tick the box you are agreeing to the Mysokoni and the Vendor(s) Terms and Conditions. In the event that the vendor(s) have not uploaded their own Terms and Conditions, Privacy Policy or Returns Policy, they are agreeing to abide by the Mysokoni policies as listed on the website. 


You should print a copy of these Terms or save them to Your computer for future reference. We amend these Terms from time to time. Each time You wish to purchase Goods or Services from the Mysokoni Website, please check these Terms to ensure You understand the terms which will apply at that time. 


These Terms are only in the English language. If You have any questions about these Terms, please contact us: 
Phone: 0333 370 1607
Email: info@mysokoni.co.uk

 

1. HOW TO INTERPRET THE WORDS AND PHRASES IN THESE TERMS 


1.1 “Mysokoni” “We” “Us” or “Our” shall refer to Mysokoni Limited, a limited company registered in England and Wales under number 10909339 whose registered office is at 6 Pheasant Close, Barton Stacey, Winchester SO21 3SD
1.2 “Buyer” shall refer to You, the individual that interacts with the Mysokoni Website and purchases the Goods or Services through the Mysokoni Website. 
1.3 “Vendor/Seller” shall refer to an independent third party who is authorised to advertise Goods and Services for sale via the Mysokoni Website.


2. SCOPE OF MYSOKONI 
2.1 We operate the website www.mysokoni.co.uk (“Mysokoni Website”). Mysokoni is an online marketplace that provides Buyers and Vendors with the opportunity to purchase and sell Goods and Services. 
2.2 Mysokoni does not have possession of anything listed or sold through the Mysokoni Website. 
2.3 The contract for the sale of any Goods and Services purchased from the Vendors via the Mysokoni Website is directly between You and the Vendor only in accordance with Section 5 below. 
2.4 While We will use our reasonable endeavours to ensure that each Vendor is carefully vetted, Mysokoni has no control over and does not guarantee the existence, quality, safety or legality of the Goods and Services advertised and supplied by the Vendor.


3. USING MYSOKONI
3.1 Upon successfully registering Your details on the Mysokoni Website, You will be provided with a username and password which You must use in order to access Your account on the Mysokoni Website. You must keep Your username and password safe and secure and You should not share this information with anyone else. We will collect, handle and store Your personal information in accordance with Our Privacy Policy
3.2 You will need to Register on the Website when making a purchase  of Goods and Services for the first time.   
3.3 When You use or access the Mysokoni Website, You hereby agree that You will not: 
3.3.1 Make a purchase if You are below the age of 18 or not legally capable of entering into a legally binding contract; 
3.3.2 Post, list or upload inappropriate or inaccurate content;  
3.3.3 Post false, inaccurate, misleading, defamatory or libellous content; 
3.3.4 Post or distribute spam, unsolicited or bulk electronic communications or chain letters; 
3.3.5 Distribute viruses or any other technologies that may harm Mysokoni or the interests of the users of the Mysokoni Website; 
3.3.6 Use any spider, robot or other automated means to access the Mysokoni Website to access the Mysokoni Website for any purpose. 
3.3.7 Copy, modify or distribute rights or content from the Mysokoni Website. 
3.4 The images of the Goods and Services on the Mysokoni Website are for illustrative purposes only. The images are provided by the Vendors and although they have made every effort to display the colours accurately, We cannot guarantee that Your computer or device’s display of the colours accurately reflect the colour of the Goods. The Goods and Services may vary slightly from those images. 
3.5 All Goods and Services shown on the Mysokoni Website are subject to limited availability and possibly for a limited time only, both of which will be clearly displayed next to the listing. 
3.6 We may amend or withdraw a listed product at any time with or without notice at Our sole discretion. If You have already made a purchase for a Mysokoni Vendor that has been amended or withdrawn, You may cancel and receive a refund in accordance with Clause 6 below
3.7 We may limit, suspend or terminate Your access to the Mysokoni Website and take technical and legal steps to keep You from using the Mysokoni Website if we believe, at Our absolute and sole discretion: 
   3.7.1 You are infringing the intellectual property rights of third parties; 
   3.7.2 We are unable to verify or authenticate any information You provide to Us; 
   3.7.3 You fail to make full payment of any fees due; 
   3.7.4 You are acting inconsistently with the letter or spirit of these Terms


4. HOW WE USE YOUR PERSONAL INFORMATION 
4.1 We only use Your personal information in accordance with Our Privacy Policy. For details, please see Our Privacy Policy. Please take the time to read Our Privacy Policy as it includes important terms which apply to You.


5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE VENDOR
5.1 The order process on the Mysokoni Website allows You to check and amend any errors before submitting Your order. Please take the time to read and check Your order at each page of the order/checkout process. 
5.2 After You place an order, You will receive an e-mail from Mysokoni acknowledging that Your order has been received. However, please note that this does not mean that Your order has been accepted by the Vendor(s) even if payment is taken. 
5.3 The Vendor will confirm their acceptance to You by sending You an e-mail that confirms that the Goods have been dispatched or the Services have been accepted (“Dispatch Confirmation”), at which point the contract between You and the Vendor shall come into existence unless the Vendor notifies You that: 
   5.3.1 They do not accept Your order; 
   5.3.2 Deliveries cannot be made to Your area; 
   5.3.3 The Goods are out of stock; 
   5.3.4 The Goods You ordered were listed at an incorrect price due to a typographical error or an error in the pricing information; or 
   5.3.5 You have cancelled the contract in accordance with Section [6] below.
5.4 Your Goods will not be despatched and/or Your Service will not be supplied until full payment is received. In the unlikely event that Your Goods are despatched in the absence of receiving full payment, the rights and title to the Goods shall remain with the Vendor until full payment is received. 
In the unlikely event that the Services are supplied in the absence of receiving full payment, an invoice will be issued which must be settled immediately upon receipt. 
5.5 In the event that Your order is refused, the Vendor will notify You by e-mail and will refund the sum deducted from Your payment card as soon as possible within 14 working days of Your order. 


6. CANCELLATION AND RETURNS POLICY 
6.1 As a Buyer on the Mysokoni Website, You have a legal right to cancel Your Contract with the Vendor during the period set out below in clause 6.3. This means that during the relevant period if You change Your mind or for any other reason You decide You do not want to keep the Goods or continue with a Service, You can notify the Vendoe of Your decision to cancel the Contract and receive a refund. You must use your account on the Mysokoni Website to submit and receive all communication between you and the Vendor.

 
Advice about Your legal right to cancel the Contract is available from Your local Citizens Advice Bureau or Trading Standards office. 
6.2 However, this cancellation right does not apply in the case of: 
   6.2.1 Any Goods made to Your specification or clearly personalised; 
   6.2.2 Perishable Goods, such as food, drink or fresh flowers; 
   6.2.3 Any Goods that carry a hygiene seal which has been broken, such as jewellery and underwear. 
   6.2.4 Software, DVD’s or CD’s which have a security seal which You have opened or unsealed. 

   6.2.5 A Service that has already been supplied or a Service where the Vendor has already incurred costs in preparing the Service for You. 


6.3 Your legal right to cancel a Contract starts from the date You receive the Dispatch Confirmation, which is when the Contract between You and the Vendor is formed. If the Goods have already been delivered to You, You have a period of 14 (fourteen) working days in which You may cancel, starting from the day You receive the Goods. 
6.4 To cancel a Contract, please contact the Vendor directly by logging into Your account on the Mysokoni Website. In the unlikely event that You encounter any difficulties with cancelling Your order with the Vendor, please e-mail us at cancellations@mysokoni.co.uk You can also send Your cancellation notice in writing by post directly to the Vendor by using the Vendor’s address details which will be available when You log into Your account on the Mysokoni Website after You have made Your purchase. To report any problems with the Vendor in writing, You can write directly to Mysokoni using Our address details provided at the beginning of these Terms. You may wish to keep a copy of Your cancellation notification for Your own records. If You send Your cancellation notice by e-mail or post, then Your cancellation is effective from the date You sent the e-mail or posted the letter. 
6.5 Upon successful cancellation in accordance with these terms, You will receive a full refund of the price You paid for the Goods and Services and any applicable delivery charges You paid for. The refund due to You will be processed as soon as possible and, in any case, within seven (7) calendar days of the day on which You gave the Vendor notice of cancellation as described in clause 6.4. If You returned the Goods or cancelled the Service for a reason other than the Goods being faulty or misdescribed or the Service being of unsatisfactory quality, please see 6.6 below. 
6.6 If You are returning Goods that are not faulty, unsatisfactory or misdescribed, You will be responsible for bearing the costs of the return delivery. For Services that are not unsatisfactory or mis-described, You shall not be entitled to cancel the Service and receive a refund. 
6.7 If you have purchased a voucher which has not been redeemed, the 14 day cancellation period shall start from the date you received the voucher and you shall receive a refund within twenty four (24) hours of successfully cancelling your order. 
6.8 Any monies due to You will be refunded in accordance with these Terms on the payment card You used to pay. 
6.9 If the Goods were delivered to You, You must return the Goods to the Vendor as soon as reasonably practicable. You have a legal obligation to keep the Goods in Your possession and to take reasonable care of the Goods while they are in Your possession. 
6.10 As a Private Customer, You will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this Clause 6 or these terms. Advice about Your legal rights is available from Your local Citizen’s Advice Bureau or Trading Standards office. 


7. DELIVERY 
7.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside The Vendor's Control. If the Vendor is unable to meet the estimated delivery date because of an Event Outside The Vendor's Control, the Vendor will contact You with a revised estimated delivery date. 
7.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Vendor shall not be liable for any delay in the delivery unless the Vendor fails to deliver the Products within 30 calendar days from the day after You placed Your order. This exception shall not apply if You have agreed with the Vendor a longer timescale for the delivery of Your Goods or Your Goods are of a bespoke or personalised nature. 
7.3 Delivery will be completed when the courier organised by the Vendor delivers the Goods to the delivery address You provided when You placed Your order. 
7.4 If nobody is available at Your address to take delivery, the courier will leave You a note to inform You that the Goods have either been returned to the courier’s depot, left with a neighbour, left in a location you requested or returned to the Vendor’s premises. In either case, You must contact the Vendor as soon as reasonably practicable to           rearrange the delivery in the event is has been returned. 
7.5 In the event that You fail to accept delivery of the Goods after the second delivery attempt, an additional charge may shall apply to cover the cost of the third delivery attempt. 


8. PRICES AND PAYMENT 
8.1 The prices for the Goods and Services will be as quoted on the Mysokoni Website. 
8.2 The prices for the Goods and Services may change from time to time due to the prices being determined by the Vendor, but changes in the price will not affect any order which You have already confirmed with the Vendor upon receipt of the Dispatch Confirmation. 
8.3 The prices for the Goods and Services shall be inclusive of VAT. 
8.4 The total/final prices for the Goods and Services shall include the costs for the postage and packaging. 
8.5 The payment for the Goods and Services shall be made using Stripe. All payments will be received by Mysokoni on behalf of the Vendor. 


9. MANUFACTURERS GUARANTEES 
9.1 Some of the Goods the Vendor provides to You will come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods. If You have not received further information on any applicable manufacturer’s guarantees for the Goods You have purchased from the Vendors, please contact the Vendors direct by logging into Your account on the Mysokoni Website. 


10. VENDORS WARRANTY  FOR THE GOODS 

10.1 For Goods which do not have a manufacturer's guarantee, the Vendor shall provide a warranty that on delivery and for a period of 28 days from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.2 below. 
10.2 The warranty in clause 10.1 does not apply to any defect in the Goods arising from: 
(a) Fair wear and tear; 
(b) Wilful damage, abnormal storage or working conditions, accident, negligence by You or by any third party;
(c) If You fail to operate or use the Goods in accordance with the user instructions; and 
(d) Any alteration or repair by You or by a third party who is not one of the Vendor's authorised repairers. 


11. VENDORS LIABILITY – PLEASE READ CAREFULLY 
11.1 The Vendor only supplies the Goods and Services for domestic and private use. You agree not to use the Goods and Services for any commercial, business or re-sale purposes unless expressly meant for this purpose, and the Vendor shall have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
11.2 Nothing in these Terms shall exclude the Vendor's liability for: 
(a) Death or personal injury caused by the Vendor’s negligence; 
(b) Fraud or fraudulent misrepresentation; 
(c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 
(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) Defective products under the Consumer Protection Act 1987. 
11.3 Subject to clause 11.2, the Vendor will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business or revenue; 
(b) loss of business opportunity; 
(c) loss of anticipated savings; or 
(d) any indirect or consequential loss. 


12. MYSOKONI LIABILITY – PLEASE READ CAREFULLY 
12.1 Whilst Mysokoni will use reasonable care and skill when supplying access to the Mysokoni Website and sourcing reliable Vendors to supply the Goods and Services to You, You hereby acknowledge that the provision of the Mysokoni Website is subject to the inherent technical and operational limitations of the internet, including, but not limited to, the lack of security and unreliability of its communications, the evolving nature of its organisational, legal and regulatory framework, and the potential inaccuracy and variable standards of its relevant data repositories and Your access to the Mysokoni Website is therefore made without guarantee as to the accuracy or completeness for which we shall have no liability to You or any third party. 
12.2 While We will use our reasonable endeavours to ensure that each Vendor is carefully vetted, Mysokoni has no control over and does not guarantee the existence, quality, safety or legality of the Goods and Services advertised and supplied by the Vendor. You hereby agree to indemnify Mysokoni, keep Mysokoni indemnified and hold Mysokoni harmless to any costs, claims and liability that may arise when You purchase the Goods and Services from the Vendor


13. EVENTS OUTSIDE OF THE VENDORS CONTROL 
13.1 The Vendor will not be liable or responsible for any failure to perform, or delay in performance of, any of the Vendors obligations under a Contract that is caused by an Event Outside The Vendors Control. An Event Outside The Vendors Control is defined below in clause 13.2. 
13.2 An Event Outside The Vendors Control means any act or event beyond the Vendors reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 
13.3 If an Event Outside The Vendors Control takes place that affects the performance of the Vendors obligations under a Contract: 
13.3.1 The Vendor will contact You as soon as reasonably practicable to notify You; and 
13.3.2 The Vendors obligations under a Contract will be suspended and the time for performance of the Vendors obligations will be extended for the duration of the Event Outside The Vendors Control. Where the Event Outside The Vendors Control affects our delivery of the Goods to You, the Vendor will arrange a new delivery date with You after the Event Outside The Vendors Control is over. 


14. OTHER IMPORTANT TERMS 
14.1 Neither of the parties to this agreement may transfer their rights and obligations under a Contract to another unless all parties agree in writing. However if You have purchased the Goods or Services as a gift, You may transfer the benefit of the Vendors warranty in clause 10 to the recipient of the gift without needing to ask for the Vendorsconsent. 
14.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 
14.3 If the Vendor fails to insist that You perform any of Your obligations under these Terms, or if the Vendor does not enforce their rights against You, or if the Vendor delays in doing so, that will not mean that the Vendor has waived their rights against You and will not mean that You do not have to comply with those obligations. If the Vendor

does waive a default by You, they will only do so in writing, and that will not mean that the Vendor will automatically waive any later default by You. 


15. THIRD PARTY RIGHTS 
15.1 These Terms shall apply between Mysokoni, You and the Vendor only. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, the recipient of Your gift consisting of the Goods and Services purchased via the Mysokoni Website will have the benefit of the Vendors warranty at clause 10. 


16. GOVERNING LAW AND JURISDICTION 
16.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises from these Terms.

 

 

 

Vendors Terms and Conditions


This document explains the legal terms and conditions (“Terms & Conditions” and “Terms”) which will apply to the agreement between us for the sale of your Goods and Services to our customers via the Mysokoni Website (www.mysokoni.co.uk or www.mysokoni.com or www.mysokoni.eu).   
Please read these Terms & Conditions carefully and make sure that you understand. Please tick the box marked “You agree with our Terms and Conditions” in the area adjacent to the link to these Terms to confirm Your acceptance. 


If you refuse to accept any part of these Terms & Conditions, you should not sign in the space provided at the end of these Terms and you will not be permitted to sell any Goods and Services to our customers via the Mysokoni Website.  You should retain a copy of these Terms for your records.

 
We may amend these Terms & Conditions from time to time and we will update the version and date that any changes occur at the top of this document accordingly.  We will use our reasonable endeavours to notify you of any changes or updates to these Terms & Conditions but for the avoidance of doubt, please contact us to ensure you understand the terms which will apply at that time.   


These Terms and any Contract between us are only in the English language. 
If you have any questions about these Terms, please contact us: 


Telephone: +44 333 370 1607 Between 8:30 am and 6 pm Greenwich Mean Time  
Email: info@mysokoni.co.uk


1. INFORMATION ABOUT US 
1.1 Mysokoni is a trading name for Mysokoni Limited, a limited company registered in  England and Wales under number 10909339 whose registered office is at 6 Pheasant Close, Barton Stacey, Winchester SO21 3SD. Operating office is at The Square, Basing View, Basingstoke, Hants. RG21 4EB
1.2 Mysokoni Limited is the owner and operator of the Mysokoni Websites.   


2. YOUR GOODS AND SERVICES – PLEASE READ CAREFULLY 
2.1 By advertising your Goods and/or Services for sale on the Mysokoni Website, you warrant that the Goods and/or Services fulfil the following requirements: 
2.1.1 The Goods are fit for purpose; 
2.1.2 The Goods are free from defects; 
2.1.3 The Goods are of satisfactory quality; 
2.1.4 The Goods are safe to use;  
2.1.5 The Goods comply with all applicable UK and European Product safety legislation and shall display the appropriate CE mark where applicable; 
2.1.6 The Services comply with all applicable UK and European legislation; 
2.1.7 The Services are supplied using reasonable care and skill; and 
2.1.8 The Services are supplied in a timely and efficient manner. 
2.2 By advertising your Goods and Services for sale on the Mysokoni Website, you warrant that the descriptions for the Goods and Services fulfil the following requirements: 
2.2.1 The Goods and Services description is accurate, truthful and complete; and 
2.2.2 The Goods and Services description is not misleading, false or incomplete. 
2.3 For perishable Goods, the description must contain full information on the following: 
2.3.1 The Goods ingredients, including a clear warning on the packaging for any ingredients which are reasonably considered to cause an allergic reaction to customers intolerant to nuts, lactose and gluten.  This list is not exhaustive and is included by way of example only.  
2.3.2 The Goods storage instructions; 
2.3.3 The Goods shelf life and use by date; 
2.3.4 Any reasonable information relating to the Goods that a customer should be made aware of before purchase; and 
2.3.5 Any reasonable information relating to the Goods that a customer should be made aware of to allow the customer to use the Goods after purchase. 
2.4 By advertising your Goods and Services for sale on the Mysokoni Website, you warrant that you are the legal owner to the full right, title and interest in the Goods and Services. 
2.5 By supplying images of your Goods and Services to be displayed on the Mysokoni Website, you warrant that you are the legal owner of the intellectual property rights in the images of the Goods and Services or that you have the full legal permission to use the images from the owner of the intellectual property rights in the images.  You agree to indemnify Mysokoni from any third party claims for infringement of their intellectual property rights by the use of such Product images. 
2.6 Further to Clause 2.5 above, you warrant that the Product images will be accurate, complete and in a format that is suitable for display on the Mysokoni Website. 
2.7 Images uploaded to the Mysokoni platform, may be used by Mysokoni to advertise and promote the products and service of vendors. You maintain ownership of the images and if you prefer us not to use any particular image(s), please send an email to vendors@mysokoni.co.uk
2.8 By advertising your Goods and Services for sale on the Mysokoni Website, you warrant that you will maintain during the term of this agreement full and comprehensive insurance policies in respect of the supply of your Goods and Services to our customers.  You shall produce, on request, a copy of such insurance policies and proof that the relevant premiums have been paid. 


3. SCOPE OF OUR SERVICE 
3.1 By advertising your Goods and Services for sale on the Mysokoni Website, you understand and agree that Mysokoni does not guarantee under any circumstances that your Goods and Services will be purchased from the Mysokoni Website. 
3.2 You may advertise your Goods and Services for sale on the Mysokoni Website only for lawful purposes.  You may not use the Mysokoni Website: 
3.2.1 In any way that breaches any applicable local, national or international law or regulation; 
3.2.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; 
3.2.3 To knowingly transmit any data, send or upload any material that contains viruses or any other harmful computer programs or code designed to adversely affect the operation of any computer software or hardware including the Mysokoni Website; or 
3.2.4 To reproduce, duplicate, copy or re-sell any part of the Mysokoni Website without our prior written consent. 


4. CUSTOMER PRIVACY AND DATA PROTECTION 
4.1 You shall be responsible to ensure that all personal information collected about a customer from the Mysokoni Website is handled and secured in accordance with all applicable data protection legislation. 
4.2 You shall not be permitted, under any circumstances, except for legal and tax reasons, to share or redistribute any personal information regarding a customer from the Mysokoni Website to any third party other than Mysokoni Limited.
 
5. THE MYSOKONI WEBSITE ORDER PROCESS – PLEASE READ CAREFULLY 
5.1 The order process on the Mysokoni Website allows the customer to check and amend any errors before submitting their order through the Mysokoni Website.   
5.2 At the time of placing the order, the customer will be asked to accept the Mysokoni terms and conditions of sale which will form a legal contract between you and the customer for the supply of the goods and/or services that you advertise on the Mysokoni Website.  Please refer to the consumer Terms and Conditions above or ask a member of the Mysokoni team for an up to date copy before you enter into this agreement with Mysokoni Limited. 
5.3 After the customer has placed an order, you will receive an e-mail from us to notify you that a customer has placed an order and payment has been received.  This email will contain the type and quantity of the Goods and Services ordered and the delivery address details.  You must review these details carefully and time shall be of the essence for you to notify the customer of any problems that may prevent you from successfully fulfilling the customer’s order. 
5.4 You must send an e-mail to the customer via your account on the Mysokoni Website to confirm that the Goods and Services have been dispatched to the customer (“Dispatch Confirmation”). 


6. CUSTOMER RIGHT OF RETURN AND REFUND FOR GOODS 
6.1 By advertising your Goods for sale on the Mysokoni Website, you agree to comply with the customer’s legal right to cancel their order during the period set out below in Clause 6.3.  This means that during the relevant period if the customer changes their mind or for any other reason the customer decides they do not want to keep the Goods, the customer will notify you of their decision to cancel their order and receive a refund via the customer contact facility in your account on the Mysokoni Website.   
6.2 However, the customer’s right to cancel their order does not apply in the case of: 
6.2.1 Any Goods that are made to the customer’s specification or clearly personalised; 
6.2.2 Perishable Goods, such as food, drink or fresh flowers;  
6.2.3 Any Goods that carry a hygiene seal which has been broken, such as jewellery and underwear; or 
6.2.4 Software, DVD’s or CD’s which have a security seal which the customer has opened or unsealed. 
6.3 The customer’s legal right to cancel their order starts from the date they receive the Dispatch Confirmation from you.  If the Goods have already been delivered to the customer, they shall have a period of 14 (fourteen) working days in which they may cancel their order, starting from the day they received the Goods. 
6.4 The customer must be able to cancel their order by contacting your customer service team directly via the customer contact facility in your account on the Mysokoni Website.  
6.5 Upon the customer successfully cancelling their order, you will be responsible for reimbursing the customer within 14 (fourteen) days from the date the customer successfully cancelled their order.  
6.6 In the event that the Goods supplied to the customer are returned after the 14 (fourteen) day cancellation period due to the Goods being faulty or not fit for purpose, you will be liable to refund the customer the full amount within 14 (fourteen) days from the date the customer notified you of the Goods being faulty or not fit for purpose.  For the avoidance of doubt, you shall not be liable to refund the customer if the Goods are repaired or replaced. 


7. CUSTOMER RIGHT TO CANCEL A SERVICE AND RECEIVE A REFUND 
7.1 By advertising your Services for sale on the Mysokoni Website, you agree to comply with the customer’s legal right to cancel their order during the period set out below in Clause 7.3.  This means that during the relevant period if the customer changes their mind or for any other reason the customer decides they do not want to receive the Service, the customer will notify you of their decision to cancel their order and receive a refund via the customer contact facility in your account on the Mysokoni Website.   
7.2 However, the customer’s right to cancel their order does not apply in the case of Services that have already been supplied to the customer. 
7.3 The customer shall have a period of 14 (fourteen) working days in which they may cancel the Service, starting from the day they placed their order for the service. 
7.4 The customer must be able to cancel the Service by contacting your customer service team directly via the customer contact facility in your account on the Mysokoni Website.  
7.5 Upon the customer successfully cancelling the Service, you will be responsible for reimbursing the customer within 14 (fourteen) days from the date the customer successfully cancelled the Service.  


8. MANUFACTURERS GUARANTEES 
8.1 You must provide the Customer with full, complete and accurate details on any guarantees provided by the manufacturer of the Goods you advertise for sale on the Mysokoni Website. 


9. YOUR WARRANTY FOR GOODS AND GUARANTEE FOR SERVICES 
9.1 For Goods that do not have a manufacturer’s guarantee, you hereby agree to provide a warranty that on delivery to the customer and for a period of 28 (twenty eight) days from delivery, the Goods shall be free from material defects.  However, this warranty shall not apply to any defect in the Goods arising from: 
9.1.1 Fair wear and tear; 
9.1.2 Wilful damage, abnormal storage or working conditions, accident, or negligence by the customer or by any third party; 
9.1.3 The customer’s failure to operate or use the Goods in accordance with the user instructions; or 
9.1.4 Any alteration or repair by the customer or a third party who is not authorised or qualified to repair the Goods. 
9.2 By advertising your Services on the Mysokoni Website, you hereby guarantee that the service will be provided in a timely and efficient manner using reasonable care and skill at all times.  You further guarantee that the service will be carried out as described. 


10. DELIVERY 
10.1 The customer’s order must be fulfilled by the estimated delivery date set out in the Dispatch Confirmation sent by you to the customer unless there is an Event Outside Your Control.  If you are unable to meet the estimated delivery date because of an Event Outside Your Control, time shall be of the essence for you to notify the customer with a revised estimated delivery date. 
10.2 You must deliver the Goods and/or provide the Services to the customer within 30 (thirty) days from the day after the customer placed their order.  This exception shall not apply if a longer timescale for the delivery of the Goods and/or Services has been agreed with the customer or the Goods and/or Services are of a bespoke or personalised nature. 
10.3 You must deliver the Goods to the address specified by the customer. 
10.4 You must bear the full costs of the packaging and the delivery of the Goods. 
10.5 In the event that the customer fails to accept delivery of the Goods after the second delivery attempt, an additional charge may apply to the customer at your discretion to cover the cost of the re-delivery of the Goods.  Any additional costs shall be charged by Mysokoni to the customer and will be paid to you in accordance with Clause 12 below. 
10.6 The Goods shall only be delivered to addresses specified by the customer.  
 
11. PRODUCT PRICING 
11.1 The prices of the Goods and Services you advertise on the Mysokoni Website must be accurate, fair and competitive at all times.   
11.2 You can change the price of the Goods and Services you advertise on the Mysokoni Website at any time by logging into your account on the Mysokoni Website. 
11.3 You shall be solely responsible for checking the accuracy of the prices for your Goods and Services listed on Our Site.  Mysokoni shall not be liable for any Goods and Services that are sold to a customer at an incorrect price. 
11.4 The price of the Goods and Services shall be advertised as inclusive of VAT.  You must notify us if the prices of the Goods and Services are not subject to VAT. In the case where VAT Exemption applies, it is your responsibility to return the VAT back to the customers upon their completion of the VAT Exempt process 
11.5 The price of the Goods and Services you advertise for sale on the Mysokoni Website must include the costs for the postage and packaging. 


12. OUR FEES AND PAYMENTS 
12.1 In consideration for Mysokoni permitting you to advertise your Goods and Services for sale on the Mysokoni Website, we shall charge a fee of 10% on the price advertised and charged for the Goods and Services sold through the Mysokoni Website.  The fee rate of 10% shall apply for the first year of this agreement only and will be subject to change thereafter at a rate agreed by both parties. 
12.2 Mysokoni shall pay the amount owing to you, less 10% fee, for the Goods and Services sold through the Mysokoni Website 7 days from the date the customer paid for their order OR at the end of each calendar month by way of bank transfer to the bank account specified by you. 
12.3 Mysokoni will keep an accurate record of all sales you have made through the Mysokoni Website.   
12.4 You can log into your account on the Mysokoni Website at any time to access your total sales for the month and year to date. 


13. DURATION AND CANCELLATION OF THE AGREEMENT 
13.1 These Terms & Conditions shall take effect from the date they are signed and shall continue in force until the agreement is terminated by either party in accordance with this Clause 13. 
13.2 Mysokoni may cancel the agreement at any time by providing 14 (fourteen) days’ notice in writing to you which shall be delivered to your last known address. 
13.3 You may cancel the agreement at any time by providing 28 (twenty-eight) days’ notice to Mysokoni in writing to the address specified in Clause 1 above. 
13.4 Either party may cancel the agreement immediately at any time without notice in the event that either party breaches any of these Terms & Conditions. 
13.5 Upon cancellation of the agreement, all outstanding sums due to either party shall become immediately due and payable.  Successful cancellation of the agreement shall not sever your liability to refund the customer in the event that a customer cancels their order or returns the Goods. 


14. DISCLAIMER OF LIABILITY  
14.1 Nothing in these Terms & Conditions shall limit or exclude our liability for: 
14.1.1 Death or personal injury caused by our negligence; or 
14.1.2 Fraud or fraudulent misrepresentation. 
14.2 Subject to Clause 13.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for: 
14.2.1 Any loss of profits, sales, business or revenue; 
14.2.2 Any loss or corruption of data, information or software; 
14.2.3 Any loss of business opportunity; 
14.2.4 Any loss of anticipated savings; 
14.2.5 Any loss of goodwill; or 
14.2.6 Any indirect or consequential loss. 
14.3 Except as expressly stated in these Terms & Conditions, we do not give any representation, warranties or undertakings in relation to the service offered through the Mysokoni Website. Any representation, condition or warranty which might be implied or incorporated into this agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Mysokoni Website is suitable for your purposes. 


15. EVENTS OUTSIDE OF YOUR CONTROL 
15.1 An “Event Outside Your Control” means any act or event beyond your reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 
15.2 If an Event Outside Your Control takes place that affects the performance of your obligations under these Terms & Conditions: 
15.2.1 You must contact us as soon as reasonably practicable to notify us; and 
15.2.2 Both parties obligations under these Terms & Conditions will be suspended and the time for performance of both parties obligations will be extended for the duration of the Event Outside Your Control. Where the Event Outside Your Control affects the delivery of the Goods and Services to the customer, you must arrange a new delivery date with the customer after the Event Outside Your Control is over. 
 
16. OTHER IMPORTANT TERMS 
16.1 We may transfer our rights and obligations under these Terms & Conditions to another organisation, but this will not affect your rights or obligations under these Terms & Conditions.  We will always notify you in writing if this happens.  
16.2 You may only transfer your rights or your obligations under these Terms & Conditions to another person if we agree in writing.  
16.3 Each of the paragraphs of these Terms & Conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 
16.4 If we fail to insist that you perform any of your obligations under these Terms & Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

16.5 Vendors are requested to create their own Terms and Conditions, Privacy Policy and Returns Policy before listing items for sale on Mysokoni.co.uk. In the event that the vendor has not created one or all of the previously mentioned policies, the vendor is agreeing to abide by the Mysokoni Privacy Policy, Terms and Conditions and Returns Policies listed in the Buyers section above. Any policies that Vendors may have will be disregarded after the sale has been completed if they are not listed for the customer to review during the sales ordering process on the Mysokoni.co.uk website. 


17. THIRD PARTY RIGHTS 
17.1 This agreement is between you and us. No other person shall have any rights to enforce any of these Terms & Conditions, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. 
 
18. GOVERNING LAW AND JURISDICTION 
18.1 These Terms & Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises from these Terms & Conditions.

 
 

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