Terms and Conditions

BACKGROUND

These Terms explain how you may use the BIS Marketplace website www.beautyinsound.co.uk/collections/bis-marketplace.

By accessing or using the BIS Marketplace or otherwise indicating your consent, you agree to these Terms and Conditions.

If you do not agree with or accept any of these Terms, you should not use the BIS Marketplace.

If you have any questions about the BIS Marketplace, or you would like to make a complaint about our services, please contact us by e-mail on: shop@beautyinsound.co.uk.

Where we have received a complaint by you in relation to our services, we shall acknowledge your complaint within two (2) working days and subsequently conduct reasonable investigations into it. If, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either: take steps to remedy the defect in our services; or where you have already paid our Listing Fees, refund you a fair proportion of those fees paid.

USING THE BIS MARKETPLACE

We only provide a platform for a Seller to list their product for sale and a Buyer to buy such product with the intent of completing the purchase and transaction of such product. BEAUTY IN SOUND (BIS) do not act as agent of the Seller and we do not offer for sale, sell, buy or exchange any Product Listing. Except for providing limited administrative services to facilitate the Buyer and the Seller entering into a sale contract for a private product sale, we are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

In relation to your use of the Site, your legal rights as a consumer, or if you reside in Australia, as an Australian Consumer under Australian Consumer Law, are not affected.

As a condition of your use of the BIS Marketplace, you agree:

not to use the BIS Marketplace for any purpose that is unlawful under any applicable law or prohibited by these Terms;

not to use the BIS Marketplace to commit any act of fraud;

not to use the BIS Marketplace to distribute viruses or malware or other similar harmful software code;

not to use the BIS Marketplace for purposes of promoting unsolicited advertising or sending spam;

not to use the BIS Marketplace to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

not to use the BIS Marketplace in any manner that disrupts the operation of the BIS Marketplace or business or business of any other entity;

not to threaten, abuse, harass, or invade the privacy of any other user of the BIS Marketplace or third party;

not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with BEAUTY IN SOUND or with any other person or entity;

not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

not to use the BIS Marketplace to gain unauthorised access to or use of computers, data, systems, accounts or networks;

not to attempt to circumvent password or user authentication methods.

SELLING A LISTED PRODUCT

A Seller must first complete the BIS Marketplace Selling Form and upload photos and related information. Further information can be found in our FAQs.

BIS will consider the proposed Product Listing and confirm if the Product Listing is accepted to be listed on the BIS Marketplace. BIS may assist Sellers in the creation of their listings (including the content of such listings) but it remains each Seller’s sole responsibility to make sure that its listings are accurate. The seller will have the opportunity approve the advert before it goes live.

After the Product Listing is accepted for listing, you shall be committed to have the product listed with us exclusively for a minimum period of 6 months. This means that during this period, you shall not use another means of sale unless we agree and notify you in writing of our consent. Therefore, we require you to exclusively use the BIS Marketplace to sell your product, once we have accepted the Product Listing.

BEAUTY IN SOUND gives no warranty or representation as to the anticipated or likely selling price of any Product Listing. Any price given, whether written or oral, as to the estimated selling price of any Product Listing is a statement of opinion only and may be subject to revision from time to time at BEAUTY IN SOUND’s sole discretion and should not be relied upon as
an indication of the actual selling price.

If you are a Seller listing a product for sale on the BIS Marketplace: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Product Listing entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the product items. If you are a Seller you represent and warrant that you are the legal owner of the product items and free to sell the products listed on the BIS Marketplace and that you will complete the sale of the Product Listing to the successful Buyer and that sale will be free of any charges or encumbrances and transfer legal ownership to the Buyer. Once a sale is agreed, you are not entitled to increase the selling price by charging any VAT or other sales tax or charges to the Buyer.

If a Buyer agrees to buy the Seller’s product, the Buyer enters into a contract directly with the Seller. Payment will be received by BEAUTY IN SOUND and funds will be transferred to the Seller via Bank Transfer. Any fees and commission owed to BEAUTY IN SOUND will be subtracted from the full amount prior to the transfer of any money to the Seller.

If you as the Seller withdraw your Product Listing from sale, or from the Coming Soon list, or following a Product Listing purchase, you fail to complete the sale of the Product Listing within the timeframe agreed with the Buyer for any reason other than the default of the Buyer, you will be obliged to pay the fees to BEAUTY IN SOUND.

BUYING A LISTED PRODUCT

If you are a Buyer making an offer to the Seller for a product on the BIS Marketplace, you acknowledge that it is your responsibility to:

review the product’s listing description, photographs and information provided in relation to the product by or on behalf of the Seller in the comments section;

conduct your own due diligence on the product before purchase;

arrange an inspection of the product before purchase;

check the product at the point of collection;

independently determine the description, ownership, value, condition, authenticity, quality of the product and any additional fees connected to the purchase such as government fees and taxes, finance charges; and

pay shipping and delivery costs associated with your purchase of the product item, including but not limited to taxes, fees and testing charges and any additional fees.

The Seller is solely responsible for the factual accuracy of, and for any opinions expressed in, the description of a Product Listing, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Product Listing. BEAUTY IN SOUND is not responsible for the accuracy of such information.

BEAUTY IN SOUND reserves the right to remove or suspend the publication of a Product Listing on the BIS Marketplace at any time and in its sole discretion. If a Product Listing is so removed or suspended on the BIS Marketplace, we will attempt to contact you to explain why your advert has been removed or suspended but are under no obligation to do so.

BEAUTY IN SOUND will receive the money from the Seller via the BIS Marketplace. Funds are then transferred to the Buyer less any owing fees and commission. Upon transfer of the money to the Seller, BEAUTY IN SOUND will set up a channel of communication between the Seller and Buyer who will complete the transaction.

DELIVERY

Upon the transfer of funds to the Seller for a Product Listing, the Buyer enters into a contractual agreement with the Seller to complete the transaction. The arrangement and costs of delivery are the sole responsibility of the Seller and Buyer and BEAUTY IN SOUND will not enter into the arrangements of delivery of the Product Listing.

It is the responsibility of the Seller to ensure any products being sold are shipped and delivered safely. BEAUTY IN SOUND does not accept any liability for any damage caused in the delivery process.

FEES

Using the BIS Marketplace is free for Buyers. It is the Seller’s responsibility to pay the appropriate Listing Fee and forfeit the relevant commission on each sale.

A Listing Fee of £25 is required to list a product between the value of £1 and £999. Upon a successful sale of the Product Listing within this price range the Listing Fee is refunded to the Seller.

A Listing Fee of £100 is required to list a product between the value of all products over £1,000. Upon a successful sale of the Product Listing of products in this price range, the Listing Fee is not refunded to the Seller.

BEAUTY IN SOUND will take a commission of 15% on all sales of Product Listing, regardless of the final sale price.