1.1 What we do. Saritoria provides a platform which enables you to buy pre-loved clothing and accessories from, and advertise and sell pre-loved clothing and accessories to, other individuals on the Saritoria platform. Consequently, in most cases Saritoria only acts as an intermediary between buyers and sellers and does not provide any goods or services outside of that scope.
1.2 What these terms cover. The following terms and conditions (Terms & Conditions) set out the legally binding agreement under which you use our website at www.saritoria.com (the Website) and the services provided through the Website (together, the Saritoria Platform). You will be required to read, accept and agree to comply with the Terms & Conditions and all other Terms (as defined below) when visiting our Website or accessing the Saritoria Platform. The Saritoria Platform is provided on an ‘as is’ basis and without warranty or representation.
1.3 Why you should read them. Please read the Terms carefully before you sign up to the Saritoria Platform, as by using the Saritoria Platform you agree to be bound by the Terms. This is a legally binding contract. Please note that the Terms may be updated or amended from time to time, so ensure that you check the Terms regularly as your use of the Saritoria Platform will be subject to the most recent version of the Terms posted on the Saritoria Platform at the time of use. If you think that there is a mistake in the Terms, please contact us at email@example.com to discuss this. We reserve the right to restrict, suspend or terminate your use of the Saritoria Platform at any time if we believe, in our absolute discretion, that you have breached the Terms. Please be aware that you are bound by any third party terms and conditions which are incorporated into the Terms by reference, in addition to our own.
All Members of the Saritoria Platform are required to accept the Terms. If you do not accept the Terms you MUST stop using the Saritoria Platform immediately and must not register as a Member.
These Terms & Conditions were last updated on 20th July 2020.
Address: Finchley Park, Emmet Hill Lane, Laddingford, Kent, ME18 6BG
Business Days: a day other than a Saturday or Sunday or public holiday in England and Wales on which banks are open in London for general commercial business.
Buyer(s): a registered Member who wishes to buy Items available through the Saritoria Platform subject to the Terms.
Commission: 20% of the Price for items uploaded to the website directly by customers; 30% of the Price for items uploaded via Saritoria concierge service
Costs: losses, damages, costs (including reasonable legal costs) and expenses (including taxation) in each case of any nature whatsoever.
Fee Avoidance: any act or omission of a Buyer or Seller aimed at avoiding the payment of Commission, the Price or any fees to Saritoria. This includes, but is not limited to, any steps taken to direct Members to alternative sites or directly communicating with another Member(s) for the purpose of completing a transaction outside of the Saritoria Platform.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Item(s): goods including, but not limited to: clothing, dresses, bags, tops, shoes, jewellery, accessories, jackets, trousers, skirts and outerwear.
Member(s): any individual who registers to use the Saritoria Platform as a Seller or Buyer. Members log in to access the Saritoria Platform, upload information as a Seller about Items they wish to sell to Buyers or search for Items as a Buyer.
Notification is described in paragraph 7.10.
Price: the price at which the Seller is listing an Item for purchase on the Saritoria Platform (including VAT).
Seller(s): a registered Member who makes Items available to buy through the Saritoria Platform subject to the Terms.
Service(s): the services provided on the Saritoria Platform including the facilitation of peer-to-peer sales of Items.
User(s): anyone who uses the Saritoria Platform who is not a Member.
VAT: value added tax.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. We are the creators of the Saritoria Platform and operate under the company name Saritoria Limited Ltd (trading as Saritoria), a company registered in England and Wales with company number 12553067 and whose registered office is at the Address (Saritoria/we/us/our).
3.2 How to contact us. If you have any questions or issues, you can contact us by email at firstname.lastname@example.org or by writing to us at the Address.
3.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email/postal address that you have provided to us, or telephoning you on the number that you have provided to us.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in the Terms, this includes emails unless stated otherwise.
3.5 We only operate within the UK. The Saritoria Platform is only for use within the United Kingdom. We do not represent that the Saritoria Platform is appropriate for use or available in other locations. We will not be liable for any Costs suffered or incurred by any Users or Members as a result of their use of the Saritoria Platform outside the United Kingdom.
4. THE SARITORIA PLATFORM AND BECOMING A MEMBER OF THE SARITORIA PLATFORM
4.1 The Saritoria Platform. The Saritoria Platform offers a number of services, the details of which are set out on the Saritoria Platform and in the Terms. To fully enjoy the services available on the Saritoria Platform you must register as a Member. Subject to compliance with the Terms, you are granted, during the term of this Agreement, a non-transferable, non-exclusive, non-sublicensable license to use the Saritoria Platform for your personal use. You understand that your use of the Saritoria Platform and the Services does not confer on you any Intellectual Property Rights held by Saritoria and/or its licensors. You are merely given a license to use the Saritoria Platform provided by Saritoria, in accordance with the Terms.
4.2 Who can use the Saritoria Platform. You can be a User of the Saritoria Platform and look at the public content available. You should not use the Saritoria Platform if you are a direct competitor of Saritoria and are investigating Saritoria for competitive research purposes. You should not use the Saritoria Platform for any harmful, malicious, disruptive or unlawful purpose. You agree that you will act in compliance with any instructions that we provide to you from time to time. To be able to use any features of the Saritoria Platform, you must register as a Member . To register as a Member, you must:
be over 16 years of age;
complete any verification processes that we require;
if you are registering an account on behalf of a company or other entity, warrant that you have all necessary permissions and authority to bind that company or entity and that you are entitled to give us the licenses and permission required under the Terms; and
ensure that you have all relevant rights, licenses and/or approvals in relation to any Items, material or content you post or make available for purchase on the Saritoria Platform.
Saritoria may reject an application to join as a Member at its sole and absolute discretion without reason.
4.3 Own risk. You use the Saritoria Platform at your own risk and are solely responsible for your interactions with Members and how you use any information obtained in connection with the Saritoria Platform.
4.4 Provided on an “as is” basis. The Saritoria Platform is provided on an “as is” basis and we disclaim to the fullest extent permitted by law all warranties, express or implied, statutory or otherwise. Specifically, we make no representations, warranties or guarantees:
about the accuracy, reliability, completeness, correctness or timeliness of the Saritoria Platform or communications provided on or through the use of the Saritoria Platform; and
that the Saritoria Platform will be uninterrupted, or free of errors, viruses, or other harmful components.
4.5 Availability of the Saritoria Platform. Access to the Saritoria Platform is provided on a temporary basis. We may discontinue or make changes to the Saritoria Platform at any time. We do not guarantee that the Saritoria Platform will be available at all times and on an uninterrupted basis and we will not be liable to any User or Member for any Costs that they suffer or incur as a result of the Saritoria Platform being unavailable at any time or for any period.
4.6 Member registration. You can create a Member account on the Saritoria Platform by using an email address and password or by using your third party social media account details (e.g. Facebook ) or any other login methods which we may permit from time to time. You agree that the information you provide to us upon registration as a Member, and at all other times, will be true, accurate, current and complete. Please update your account or contact us if any of your information needs to be updated. You will receive a Member account activation email when you have successfully registered. When using a third party social media account to register as a Member on the Saritoria Platform, you may be asked to allow Saritoria to access information on this account, which may include name, user name, email address, gender, date of birth, profile picture, friends list and other information contained in your third party social media account. You may restrict the information shared through your account privacy settings with this third party. Whilst membership to the Saritoria Platform is currently without charge, Saritoria may charge for access in the future. In the event that we charge for access or features, we will inform you.
4.7 Password. When you register for the Saritoria Platform you will be asked to create a password for your Member account (or, if connecting via a third party social media account, using the password connected with that account). You will be responsible for all activities that occur under your password, including ordering any Items. You are solely responsible for maintaining the confidentiality of your Member account and password and any debit or credit card information submitted thereunder, and for restricting access to your computer or any device on which you use the Saritoria Platform. Your Member account is intended for your sole personal use. You agree to accept responsibility for all activities that occur under your Member account. If you have reason to believe that your account is no longer secure (for example, in the event or loss, theft or unauthorised disclosure) you are required to immediately notify us. You may be liable for the Costs incurred by us or others due to any unauthorised use of your account. Saritoria will, under no circumstances, be liable for any loss or damage arising from your failure to keep your Member account secure.
4.8 How you will use the Saritoria Platform. When using the Saritoria Platform, you will :
comply with the Terms at all times;
comply with all applicable laws or regulations at all times;
not do anything to interfere with, or disrupt, the Saritoria Platform or servers or networks connected to the Saritoria Platform;
not post any threatening, abusive, defamatory, obscene, inappropriate or indecent material, or material that is invasive of another’s privacy;
not share or otherwise upload or communicate any misleading or false information or messages of any kind;
not use the Saritoria Platform to intentionally deceive other Members or Users;
not use the Saritoria Platform to stalk or otherwise harass any Member;
not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in connection with the Saritoria Platform;
not use any robot, spider, scraper or other automated means to access the Saritoria Platform;
not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or solicit personal information from anyone;
not bypass security measures used to prevent or restrict access to the Saritoria Platform;
not harvest or collect email addresses or other contact information of Users or Members by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
not advertise or offer to sell or buy any goods or services for any business purpose on the Saritoria Platform;
not further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the Saritoria Platform;
not access, store, distribute or transmit any viruses during the course of your use of the Saritoria Platform;
not distribute any material on the Saritoria Platform that is unlawful harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
not attempt to gain unauthorised access to the Saritoria Platform or any computer systems or networks connected to Saritoria through hacking, phishing, password mining or any other means to interfere or attempt to interfere with the Saritoria Platform;
not infringe the Intellectual Property Rights of Saritoria or any third party;
not sell any counterfeit Items;
not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or use content and information contained on or obtained from or through the Saritoria Platform;
not reverse engineer, decompile, disassemble or otherwise attempt to discover any source code connection with the Saritoria Platform; and
not modify, adapt, translate or create derivative works based upon the Saritoria Platform.
4.9 Interactions with Members. You agree that you are solely responsible for your interactions with any other Member in connection with the Saritoria Platform and that Saritoria will have no liability or responsibility with respect to any interactions that you have with other Members. Saritoria reserves the right, but has no obligation, to become involved in any way with disputes between you and any other Member of the Saritoria Platform.
4.10 Disabling Access. We may, without liability, disable your Member account and/or your access to the Saritoria Platform if you are in breach of the Terms or we have reasonable grounds to suspect that you are in breach of the Terms.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the Saritoria Platform. We may make minor changes to the Saritoria Platform or the Terms without notifying you. These may include changes required to:
reflect changes in relevant laws and regulatory requirements;
change the methods of payment that we accept;
add or remove features of the Saritoria Platform; or
implement minor technical adjustments and improvements, for example to address a security threat.
These changes should not affect your use of the Saritoria Platform.
5.2 More significant changes to the Saritoria Platform . If we may make any significant changes to the Saritoria Platform or the Terms, we will notify you in writing. If you do not want to accept these changes then, provided you have fulfilled all your obligations to other Members, then you may terminate your Member account.
6. CREATING A PROFILE
6.1 Creating a Profile. Once you are logged into you Member account on the Saritoria Platform, you must create a profile for yourself (a Profile).
6.2 Mandatory information required to create a Profile. To create a Profile, you must provide the following information:
date of birth; and
6.3 Optional information to be included in a Profile. You have the option to include the following information in your Profile:
website(s) usually shopped;
favourite fashion blogger;
personal description; and
6.4 Photographs. Regarding any photographs you post to the Saritoria Platform (for example on your Profile or in connection with an Item) you warrant that you own the copyright in those photographs and your use of the photographs does not infringe any Intellectual Property Rights. You also warrant that you have obtained the consent of any persons featured in the photographs. You hereby indemnify and hold harmless Saritoria for any Costs suffered or incurred by Saritoria as a result of your breach of this paragraph 6.4. You hereby grant to Saritoria a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable right to use any photographs that you upload on the Saritoria Platform for any purpose whatsoever.
7. SELLING ON THE SARITORIA PLATFORM
7.1 Intermediary Role. Saritoria acts as an intermediary between a Seller and a Buyer, once a transaction has been entered into between that Seller and Buyer. Saritoria is not part of the transaction and is not responsible for the acts or omissions of either the Seller or the Buyer. If there is any form of agreement between two Members to buy or sell any Item, this agreement is between the relevant Seller and the relevant Buyer only.
7.2 The Saritoria Platform connects Sellers and Buyers. To facilitate the buying or selling of Items, Saritoria will :
enable the Seller to upload their Items to the Saritoria Platform;
at the request of a Seller, help that Seller to establish a Price for their Item(s);
allow Sellers to use the Saritoria Platform to list their Items and sell them to Buyers; and
allow Buyers to use the Saritoria Platform to buy Items from Sellers.
7.3 Seller appoints Saritoria as agent.The Seller appoints Saritoria as agent to carry out the following tasks :
publish details of the Item the Seller wishes to sell through the Saritoria Platform. The Seller will be responsible for all of the content listed in connection with an Item. Saritoria will have the right to modify any photographs of any Item, at its complete discretion;
at the request of the Seller , provide a suggested Price for an Item;
accept the order from the Buyer in the name of, and on behalf of, the Seller;
receive the money from the Buyer for the Item, either directly or through a contracted third party service provider;
receive the Item from the Seller and, in some circumstances, return the Item to the Seller;
verify and authenticate the Item;
dispatch the Item to the Buyer;
receive and process any refunds ; and
after deducting the Commission and any other amounts payable to Saritoria, transfer the money from the Buyer to the Seller, either directly or through a contracted third party service provider.
7.4 Seller Representation and Warranties. As a Seller you represent and warrant that :
you are the sole owner of the Item or have the right to provide the Item(s) to the relevant Buyer and can provide evidence of this if requested by Saritoria;
the Item corresponds with all the information you have provided when you listed the Item;
you own the copyright in any photographs that you upload to the Saritoria Platform, and have obtained the consent of any persons featured in those photographs to that uploading;
you will regularly check and monitor your Member account, particularly when you have any Items listed for sale;
you will not provide any Item(s) that are defective;
you will not list any counterfeit Item(s) or stolen Item(s);
you are solely responsible for any obligations you may have to collect any applicable taxes and make any required reporting to tax authorities including but not limited determining the applicability of VAT;
you will not send unsolicited publicity or commercial content via the Saritoria Platform;
you will not exercise psychological pressure on another Member or send them offending content; or
you will not attempt to complete a transaction outside the Saritoria Platform for the purpose of Fee Avoidance.
7.5 Creating an Item for sale on the Saritoria Platform. To list an Item for sale on the Saritoria Platform, the Seller must describe all of the Item’s features in detail, and must include :
accurate photograph(s) of the Item which must not be modified or enhanced in any way; the brand of the Item;
the size of the Item;
the condition of the Item, including a detailed description of any faults or damage;
details of any customisation of the Item; and
any other information that the Buyer needs to be aware of, in order to make an informed decision as to whether or not to buy the Item.
Where possible, photographs of paper receipts, electronic receipts or other means of evidencing the original purchase price or brand should also be uploaded to the Saritoria Platform or sent to Saritoria at email@example.com. If Saritoria requests additional information of any kind in respect of any Item, you will use your best endeavours to provide that information to Saritoria as soon as reasonably practicable.
7.6 Listing and Removal of Items. Once an Item has been uploaded to the Saritoria Platform for sale, Saritoria will verify the Item to ensure that it is suitable for listing on the Saritoria Platform. Saritoria may use a third party verification partner and there may be a charge for this (in which case, we will inform the Seller of the cost, obtain the Seller’s prior approval and the Seller will reimburse Saritoria for that cost as soon as reasonably practicable). It is at Saritoria’s sole discretion whether or not to approve an Item for listing. If the photographs or Item details are not deemed of sufficient quality or are unsuitable for any other reason, Saritoria may contact the Seller to request that they update the photographs or Item details. Saritoria may remove, without notice or request, any Item listed by a Seller where Saritoria suspects that the Item or listing does not comply with the Terms in any way. If a Seller no longer wishes to sell an Item that has been uploaded to the Saritoria Platform then, provided that it has not already been sold, the Seller must immediately remove the Item and Saritoria will not be liable to the Seller for any costs associated with that listing or removal.
7.7 Verification of Items. If, during Saritoria’s verification process or following the Buyer’s receipt of an Item, it is established that, in Saritoria’s opinion, the Item does not correspond with the details that the Seller has listed in respect of that Item (including, but not limited to, the brand or condition of that Item) Saritoria may immediately remove that Item from the Saritoria Platform if it has not yet been sold and, once the Seller has paid Saritoria an administrative and postal fee of £10 , will return that Item to the Seller (at the Seller’s risk). If the Item has been sold, Saritoria may: (a) request that the Seller reduces the Price and refunds the Buyer the difference; or (b) cancel the sale of the Item and refund the Buyer. In the case of (b), once the Seller has reimbursed Saritoria for the Price plus an administrative and postal fee of £10 , Saritoria will return that Item to the Seller (at the Seller’s risk).
7.8 Counterfeit, prohibited or stolen Items. Saritoria takes reasonable steps to prevent counterfeiting or the sale of potentially prohibited or stolen Items, but it does not represent or warrant to Buyers that Items originate from a particular source or brand and are not prohibited or stolen. If Saritoria suspects that an Item listed by a Seller is counterfeit, prohibited or stolen, Saritoria may immediately remove the listing for that Item without notice and may suspend or permanently delete the relevant Member from the Saritoria Platform. If there is doubt as to the authenticity of an Item, Saritoria may request from the Seller any documentation required to certify the authenticity of that Item and may suspend the Seller’s Member account until it received that documentation. Despite Saritoria’s reasonable efforts, a Buyer may receive a counterfeit Item or an Item that is prohibited from sale or stolen. If this occurs, then the Buyer will report the issue to Saritoria, return the Item to Saritoria as soon as reasonably practicable, and Saritoria will refund the Buyer for the Price and any reasonable postage costs. Saritoria may be required to report the Seller to the competent authorities and may not return the Item to the Seller. In this scenario, the Seller will:
at Saritoria’s request, immediately reimburse Saritoria for the Price plus an administrative and postal fee of £10; and
hold Saritoria harmless against any Costs that are suffered or incurred by Saritoria as a result of the Seller’s listing of any counterfeit, prohibited or stolen Item.
7.9 Selling to a Buyer on the Saritoria Platform. Once an Item has been approved for sale on the Saritoria Platform, the Seller acknowledges and agrees that:
(a) by selling an Item on the Saritoria Platform it is entering into a separate contract with the Buyer, which forms a binding agreement between Seller and Buyer;
(b) it will abide by all applicable law and the Terms;
(c) it will not attempt to approach Buyers outside of the Saritoria Platform for the purpose of Fee Avoidance;
(d) Saritoria will not be liable to the Seller for any Costs that are suffered or incurred by the Seller due to the acts or omissions of the Buyer; and
(e) the Seller will indemnify and hold harmless the Buyer and to Saritoria for any Costs that are suffered or incurred by the Buyer or Saritoria as a result of the Seller’s breach of paragraph (b) or (c) above.
7.10 Obligations of Seller. Once the Seller receives notification (Notification) that a Buyer has bought an Item, it will:
package the Item with due skill, care and attention, using quality protective materials and a quality, undamaged, envelope, bag or box; and
within five Business Days of Notification, at its own cost and risk, send the Item to Saritoria at the Address, using the Verified Courier and the service
7.11 Loss or damage during transit. Neither Saritoria nor the relevant Buyer will have any liability towards the Seller for any loss of, or damage to, Items during their shipment to Saritoria. If Saritoria does not receive the Item within 15 Business Days of Notification , Saritoria may cancel the sale of the Item and may inform and refund the Buyer accordingly. In this scenario, the Seller will:
at Saritoria’s request, immediately reimburse Saritoria for the Price plus an administrative and postal fee of £10; and
hold Saritoria harmless against any Costs that are suffered or incurred by Saritoria as a result of the loss of, or damage to, the Items during their shipment to Saritoria.
7.12 Cleaning costs. Saritoria may charge the Seller for, and the Seller will immediately pay to Saritoria, any amounts reasonably incurred by Saritoria in connection with the cleaning or repair of Items which, in Saritoria’s opinion, were not delivered to Saritoria in an acceptable condition.
7.13 Payments to the Seller. The Seller will provide Saritoria with their payment details (e.g. bank account or PayPal details) to enable Saritoria to make any payments due to the Seller. These details must correspond with the Member details (e.g. names and addresses must match). The Seller may be asked to provide proof that it is the sole account holder. Any payments received via PayPal may incur a fee and it is the Seller’s responsibility to establish what those fees are. Saritoria will deduct the Commission from any payments due to the Seller and any other amounts owed to Saritoria (e.g. in respect of costs incurred by Saritoria for cleaning, authentication or shipping) may be set off against any amounts payable to the Seller. For clarity, no amounts will be payable in respect of any Items that are listed or sold in breach of the Terms. If an Item is returned and payment has already been made by Saritoria to the Seller in respect of that Item, then the Seller will reimburse Saritoria for that payment as soon as reasonably practicable following Saritoria’s request that it does so.
8. BUYING ITEMS ON THE SARITORIA PLATFORM
8.1 Intermediary role. Saritoria acts as an intermediary between a Seller and a Buyer, once a transaction has been entered into between that Seller and Buyer. Saritoria is not part of the transaction and is not responsible for the acts or omissions of either the Seller or the Buyer. If there is any form of agreement between two Members to buy or sell any Item, this agreement is between the relevant Seller and the relevant Buyer only.
8.2 Buying from a Seller on the Saritoria Platform. In buying an Item from a Seller, the Buyer acknowledges and agrees that :
it is entering into a separate contract with the Buyer, which forms a binding agreement between Seller and Buyer;
it will abide by all applicable law and the Terms;
it will not attempt to buy from Sellers outside of the Saritoria Platform for the purpose of Fee Avoidance;
Saritoria will not be liable to the Buyer for any Costs that are suffered or incurred by the Buyer due to the acts or omissions of the Seller or delays in the shipping of an Item; and
the Buyer will indemnify and hold harmless the Seller and Saritoria for any Costs that are suffered or incurred by the Seller or Saritoria as a result of the Seller’s breach of paragraph (b) or (c) above.
8.3 Delivery costs. Reasonable delivery costs will be charged to you when you purchase an Item.
8.4 When you will receive the Item. We will do our best to keep you updated as to when the Item will be dispatched to you. We will deliver the Item to you as soon as reasonably possible and in any event within 30 Business Days after the date on which we accept your order for the Item.
8.5 We are not responsible for delays outside our control. If the dispatch of the Item is delayed by an event outside our control (including the Seller not providing, or being delayed in providing, the Item to Saritoria) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to cancel your order for the Item and you will receive a refund for Items you have paid for but not received.
8.6 If you are not at home. If no one is available at your address to take delivery and the Item cannot be posted through your letterbox, the Verified Courier will leave you a note informing you of how to rearrange delivery or collect the Item from a delivery depot.
8.7 If you do not re-arrange delivery. If you do not collect the Items you have ordered as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts or the reasonable efforts of the Verified Courier, we/they are unable to contact you or re-arrange delivery or collection we may end the contract for the purchase of the relevant Item(s) and charge you any costs we have incurred in attempting to deliver the Item(s) to you.
8.8 When you become responsible for the Item. You bear the risk for the Item from the moment we deliver the Item to you at the address you gave us in your Profile, whether or not you acknowledge receipt of the Item.
8.9 When you own the Item. You own the Item from the moment we receive payment in full for the Item.
8.10 Returns and Refunds. If you have purchased an Item from a Seller who is acting as a private individual and not operating in the course of their business, you are not entitled to a refund. If you have purchased an Item from a Seller who is a professional retailer operating in the course of their business, you are entitled to return your Item within 14 days of receipt of the Item. In the event you are entitled to a refund you will receive a full refund for the Item plus any standard delivery costs (please note if you paid for enhanced delivery you will only be entitled to receive the standard delivery cost). You are responsible for the costs of returning the Item and you must return the Item within 14 days of the date on which you notified Saritoria of your intention to do so. If Saritoria determines that you are abusing our refund policy, we may suspend or terminate your Member account and refuse or restrict any and all current or future use of the Saritoria Platform.
8.11 Faulty or misdescribed. If you believe that the Item you have purchased is faulty or misdescribed you may be entitled to a refund (including any costs of returning the Item). In this scenario, please contact Saritoria at firstname.lastname@example.org or by writing to the Address and explain the issue so that we can investigate it.
8.12 How we will refund you. If you are due a refund, we will refund by the method you used for payment. You should receive your refund within 28 Business Days of the date on which the returned Item was received by us.
9. CONTENT, POSTING AND CONDUCT
you acknowledge and accept that you are entirely responsible for any content that you upload onto the Saritoria Platform;
you warrant that you have all necessary rights in the content that you upload on the Saritoria Platform, and that any publication of that content will not infringe the rights of any third parties (including Intellectual Property Rights), and you acknowledge that we may disclose your identity to any third parties who claim that any content uploaded by you infringes their Intellectual Property Rights;
you will only upload true, accurate and un-enhanced photographs of the Item(s) and you guarantee you hold all of the applicable rights and consents (and Saritoria may remove any photos that it considers: may have been tampered with; are of lower than acceptable quality; or are unfit for the purpose of accurately displaying the Item(s));
you understand that the content you upload will not be constantly monitored by Saritoria, however, if we do find that the content you upload does not comply with the Terms, we have complete discretion to remove that content;
you retain all Intellectual Property Rights in and to your own content. By uploading your content on to the Saritoria Platform you hereby grant to Saritoria a worldwide, perpetual, non-exclusive, royalty-free and transferable right to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your content (including photographs) for any purpose whatsoever;
any reliance you place on any content posted by Members is at your own risk, and Saritoria will not be responsible for any loss or damage that you suffer or incur as a result; and
Items that you list for sale on the Saritoria Platform may be shared publicly by Saritoria in both online and offline advertisements, in emails and on websites and applications.
You hereby indemnify and hold harmless Saritoria for any Costs that are suffered or incurred by Saritoria as a result of the you breach of this paragraph 9.1.
9.2 Posting on the Saritoria Platform. You must not post any unlawful material, phishing links, advertisements, pornography, any material which has the purpose of harming or attempting to harm minors in any way or other suspicious links on the Saritoria Platform. You agree that you will not infringe any Intellectual Property Rights of any other person. Spamming or any other type of disruptive and annoying chat behaviour is strictly prohibited. Any bullying, insulting, or humiliating behaviour is not tolerated. Racism, sexism and similar offensive behaviour is also not permitted. Failure to abide by any of these usage rules may result in you having content that you have uploaded removed or the suspension or termination of your account and you hereby indemnify and hold harmless Saritoria for any Costs that are suffered or incurred by Saritoria as a result of your breach of this paragraph 9.2.
9.3 Moderation. Saritoria will use reasonable endeavours to remove any inappropriate content from the Saritoria Platform, but will not be responsible for overseeing, monitoring or moderating the Saritoria Platform and Saritoria will not be liable to Members for any Costs that are suffered or incurred by Members as a result of their use of the Saritoria Platform.
9.4 Member Conduct. You are solely responsible for your conduct on the Saritoria Platform. Your account may not be shared with or transferred to another person: it is for your personal use only. You must keep your Member account details secure and you are solely responsible for all activity carried out on or through your account. Saritoria is not liable to you for any Costs that are suffered or incurred by you as a result of your account being accessed or used by someone else. You agree that you will not access, store, distribute or transmit any viruses or any material during the course of your use of the Saritoria Platform that:
are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
facilitates illegal activity;
depicts sexually explicit images;
is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
is otherwise illegal or does or may cause damage or injury to any person or property.
It is explicitly prohibited to use any Member-to-Member communication system to send content that violates our Terms or spam of any kind. We reserve the right to scan internal messages to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content. Please note, the messages sent through internal systems are not stored indefinitely and you must not rely on the storage of those messages.
10. INTELLECTUAL PROPERTY
The Saritoria Platform. Saritoria is the owner or the licensee of all Intellectual Property Rights in, or used in connection with, the Saritoria Platform. All rights are reserved. You have no Intellectual Property Rights arising out of your use of the Saritoria Platform and you may not use any material on the Saritoria Platform except as in accordance with the Terms. It is your responsibility to ensure you have all necessary rights and licenses in the Items and the content that you upload to the Saritoria Platform.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you breach the Terms. If we reasonably believe that you have breached the Terms, we may immediately terminate our contract with you upon written notice and may immediately cease to provide you with access to the Saritoria Platform.
11.2 We may withdraw the Saritoria Platform. We may write to you to let you know that we are going to stop providing the Saritoria Platform, for reasons other than your breach of the Terms. Without prejudice to paragraph 11.1, we will let you know at least one month in advance of stopping the provision of the Saritoria Platform.
2.1 Your liability to Saritoria. 1You agree to indemnify and hold harmless Saritoria, and its licensees and licensors, and their employees, contractors, agents, offices and directors from and against any Costs that are suffered or incurred as a result of: (a) the use and access to the Saritoria Platform, by you or any person using your account and password; (b) a breach of the Terms; or (c) any threatened legal proceedings or claims issued against Saritoria in connection with your use of the Saritoria Platform. Please note that your liability could be significantly greater than any amounts that you have paid in connection with your use of the Saritoria Platform.
12.2 No unlawful exclusions. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
12.3 No liability for viruses, etc. To the extent permitted by law, and subject to clause 12.2 above, we will not be liable for any Costs that are suffered as a result of 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 the Website or to your downloading of any content on it, or on any website linked to it.
12.4 Exclusion of liability in respect of business Users or Members. If you are using the Saritoria Platform in the course of trade:
we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it;
We will not be liable to you for:
any loss of profits, revenue, use, sales, contracts, business, anticipated savings, goodwill or reputation, or loss or corruption of, or damage to, data, or business interruption, that arises under or in connection with the Terms or the use of, or inability to use, the Saritoria Platform or its content; or
any Costs, or any indirect or consequential loss or damage of any kind whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise even if foreseeable, that arise under or in connection with the Terms or the use of, or inability to use, the Saritoria Platform or its content; and
subject to paragraphs 12.2 and 12.4(a) and 12.4(b), our liability to you for any Costs that arise as a result of your use of the Saritoria Platform and any content displayed on it will not exceed the lesser of any fees that Saritoria has received from you since you became a Member or £250 .
12.5 Exclusion of liability in respect of private individuals not acting in the course of trade. If you are using the Saritoria Platform as a private individual other than in the course of trade:
we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Terms, we are responsible for any Costs that you suffer that are a foreseeable result of that breach or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable;
you agree not to use the Website for any commercial or business purposes, and we have no liability to you for:
any loss of profits, revenue, use, sales, contracts, business, anticipated savings, goodwill or reputation, or loss or corruption of, or damage to, data, or business interruption; or
any Costs, or any indirect or consequential loss or damage of any kind, whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable,
that you suffer as a result of failing to comply with this paragraph; and
subject to paragraphs 12.2, 12.5(a) and 12.5(b), our liability to you for any Costs that arise as a result of your use of the Saritoria Platform and any content displayed on it will not exceed the lesser of any fees that Saritoria has received from you since you became a Member or £250.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT THINGS YOU SHOULD KNOW
14.1 Links to third party websites. The Saritoria Platform may contain links to third party websites or services which are not owned or controlled by Saritoria. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. We do not warrant the offerings of any of these entities or their websites. You acknowledge and agree that Saritoria will not be responsible or liable, directly or indirectly, for any Costs suffered or incurred by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies or any third party websites or services that you visit.
14.2 No agency, etc. Nothing in the Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.
14.3 Severance. If a court finds part of the Terms illegal, the remaining Terms will continue in full force and effect
14.4 No third party rights. A person who is not a party to the Terms will have no right to enforce any of them
14.5 Delay. If we delay in enforcing the Terms, we can still enforce them later. We are not responsible for any delay in performing or a failure to perform our obligations under the Terms if that delay or failure is due to events or circumstances beyond our reasonable control.
14.6 Governing law and jurisdiction. The Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.