Sellers Terms & Conditions
Welcome to www.theletterboxgiftcompany.co.uk (the ‘site’ or ‘website’), also accessible by the following website addresses:
home of ‘Letterbox Brownies’ and independent sellers.
Throughout these terms, we will refer to ourselves as ‘theletterboxgiftcompany.com’, ‘The Letterbox Gift Company’, ‘us’, ‘we’ or ‘our’.
We will refer to you the seller as ‘the seller’, ‘you’, or ‘your’
We will refer to customers and consumers as ‘the customer’, ‘the consumer’, ‘them’, ‘they’, or ‘their’.
Index of Terms and Conditions
- Price and Description of Goods
- Sellers Fees
- Platform Ethos
- Minimum and Maximum Orders
- Availability of Goods
- Delivery Charges and Service
- Dispatch and Delivery
- Cancellation Policy
- Returns and Refunds Policy
- Changes to Legal Notices
- Third Party Rights
- Intellectual Property & Images
- Use of the site
- Cyber Security
1. Price & Description of Goods
- You will be responsible for ensuring all your prices are correct as stated on the website. You reserve the right to revise the price of your goods at any time, without notice. New prices cannot be applied retrospectively, and all existing orders in place at the time of a price change must be fulfilled.
- You the seller, must ensure all goods sold by you have been described accurately. The customer has been advised by way of the Consumers Terms & conditions that goods may differ slightly to those described, i.e – weights, sizes and dimensions are approximate and may vary slightly.
1.3 Disputes regarding Price & Description of Goods
- If a customer believes they have been sold an item that has been falsely or inaccurately described by you, they are advised to email us at firstname.lastname@example.org and we will investigate their claim, by contacting you for more information. If our findings show their claim to be valid, we will take the necessary steps to rectify their experience. If you have mis-sold an item we will instruct you to either correct the error in description or remove the item altogether. If you do not co-operate we will remove the item directly and reserve the right to terminate your membership.
1.4 Intentional sale of prohibited items
- In the event that you are found to be selling any item that breaches our list of prohibited items we reserve the right to terminate your sellers contract with us immediately and withhold any funds owed to you for sales. You will also be held accountable for any loss, damage, illness, injury or death caused by your sale of any prohibited item. The full list of prohibited items can be found here.
2. Sellers Fees
- We the platform will take a 6% commission from each sale made through our website. This commission will be deducted prior to your weekly fund transfer which will be made via Stripe. This fee of 6% will also apply to any corporate orders that you have secured through us.
2.2 Payment processing fees
- As well as the 6% commission, each sale will be subject to a payment processing fee of 1.4% +20p which will be deducted prior to your weekly fund transfer.
2.3 Membership Fees
- Sellers will have a choice of 3 membership options – you can choose from a free basic membership or one of our two paid membership options. More information on our membership choices can be found here. Membership fees will be collected via direct debit on the 1st of each month, or where the 1st falls on a non-working day, they will be collected on the next working day.
3. Platform Ethos
The Letterbox Gift Company has an ethos of eco-conscious selling. Sellers will be expected to use recyclable, reusable or compostable materials for their packaging, and no single use plastics. Sellers found to be in breach of this requirement will be contacted by us to discuss and we will help you find alternate packaging.
4. Minimum and Maximum orders
Site wide we have not set a maximum order limit for customers. However, you may set out your own maximum order limit on your items within your own Store Information Section. Consumers are advised within their specific terms and conditions to consult an individual sellers Store Information for any relevant minimum/maximum order information you may choose to set out.
5. Availability of Goods
You agree to keep your stock availability up to date to the best of your ability to avoid not being able to fulfil a customer’s order.
However, if you are unable to fulfil an order due to goods being unavailable, you may offer to substitute a different but similar item (excluding orders of bespoke/personalised goods). You will be obliged to inform customers of any substitutes made to their order before sending, and the customer may confirm or reject the substitute. If you are unable to fulfil an order as requested due to lack of availability of goods and the customer does not accept a substitute, you will be obliged to offer the customer their choice of either;
- – completion of their order at a later date when the goods are available
- – a credit note for the full amount to spend with you
- – a refund for the full amount
6.1 Payment Collection of Online Sales
- Customers will make payment for online sales by credit or debit card using a trusted and secure payment gateway (provided by Stripe).
6.2 Payment to Sellers
- Sellers will need to have a Stripe account set up, through which you will receive your payment from sales on a weekly basis.
6.3 Payment of Corporate
If you receive a corporate order via our platform, we will collect the initial payment from the customer via invoice and then the payment (minus our commission) will be made via bank transfer to you.
7. Delivery Charges and Service
As customers can check out multiple items from multiple sellers at once, we request that sellers must include your delivery cost within the price of all goods sold on our website. This is because we do not have the facility to offer multiple delivery options for each sellers item at the checkout.
Therefore you must state within the product description or within your shop, the type of delivery service you offer. You agree to include details of your delivery information within your store information.
8. Dispatch and Delivery
Currently on our platform we only offer delivery to recipients within the UK.
We strongly suggest that you use a delivery method that gives you either tracking information or notification of delivery, as you will be better protected in the event your parcel goes missing or is claimed not to be delivered. (Please see section 11. Liability for more details on this)
Your chosen delivery method must be outlined in the product description or on your store information.
Goods must be sent to the address specified for delivery. The customer is responsible for ensuring the delivery address is correct. Neither we, nor you, can accept any liability for any orders undelivered as a result of an incorrectly submitted address.
Neither we, nor you, can accept any liability for any loss or damage to the goods once they have been delivered in accordance with the customers delivery instructions.
The customer will become the owner of the goods once they have placed the order, payment has cleared and the goods have been delivered to them or their chosen recipient. Once goods have been delivered to them, they will be held at their own risk and neither we, nor you, will be liable for their loss or damage.
9. Cancellation Policy
We have provided a general policy for cancellations – please see our Cancellation Policy. However we ask that you the seller must update your store information with any specific cancellation information pertaining to your goods.
10. Returns & Refunds Policy
We have provided a general policy for returns and refunds – please see our Returns & Refunds Policy
However we ask that you the seller must update your store information with any specific returns and refunds information pertaining to your goods.
Once goods are received by the consumer, neither we, nor you are liable for any loss or damage caused to or by the product, unless such loss or damage is a result of the product being misrepresented or incorrectly described by the seller.
11.1 Liability for missing and undelivered items:
In accordance with the Consumer Rights Act 2015, the seller is responsible for the non-delivery of goods, with the following exceptions:
- – If the customer provided the wrong delivery address, the seller is therefore not responsible for the non-delivery of the item and the customer is not entitled to a replacement or refund.
- – If the customer gave instruction to leave their parcel in a safe place or with a neighbour, but they dispute its arrival, the item will still be considered delivered as instructed and the customer is not entitled to a replacement or refund.
If the customer provided the correct address and did not leave instruction to leave in a safe place or with a neighbour, then in accordance with the Consumer Rights Act 2015, in the event of non-delivery the seller is responsible and will be required to offer the customer one of the following means of compensation:
- – A redelivery of the item ordered
- – A refund for the amount paid for the item
For this reason we strongly suggest all sellers use a delivery service that offers tracking, so that you may pursue possible compensation for the cost of the missing item and the redelivery from your chosen courier or delivery service.
11.2 Liability for Health & Safety
Sellers will be liable to indicate any potential health and safety warnings pertaining to the goods you are selling, including but not limited to allergy information, age suitability, correct storage instructions, and safe usage of goods either on the product description, in your terms & conditions or both.
FOR THOSE SELLING FOOD ITEMS, SPECIFICALLY CHOCOLATE BASED: Due to the nature of letterbox gifts being freely posted into the consumers house, we strongly suggest including a disclaimer on your shop front at the point of sale on any item/product that could be dangerous/deadly if ingested by a pet/small child and that neither we or you, will be held liable for any such harm caused.
The Letterbox Gift Company will require all sellers who come on board our platform to have up to date and correct licenses and public liability insurance relating to your goods for sale. Sellers are liable to ensure your licences and insurance are kept up to date.
Items deemed to be dangerous will not be sold on our website – a full list of prohibited items can be found here. Any seller found to be selling any items from the prohibited items list will be immediately removed from our platform and will be held liable and accountable for any claims or legal action of damage, injury, illness or death as a direct result of your sale of said prohibited items.
12.1 Contract between Seller and Consumer
- By paying for the goods, the customer is entering into a contract with you the seller to commit to a purchase. If you are unable to accept the order, you will be required to notify the customer and us within 24 hours of receipt of the order and issue a refund.
12.2 Contract between Seller and Platform
- By selling on The Letterbox Gift Company you agree to adhere fully to the terms and conditions set out in this document. If at any point the contract is broken by you, we reserve the right to remove you from the platform.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to us by email to email@example.com
All notices sent from us to you must be sent to you via the email provided by you.
14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time. We will update all sellers on any changes made to these terms and conditions.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
17. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
These terms and conditions will be governed by the laws of England and Wales and by using this website you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
19. Intellectual Property and Images
19.1 Intellectual property
- All of the content on the site, including text and pictures, are subject to copyright and other intellectual property rights held by ‘The Letterbox Gift Company’ or by ‘the seller’. The entire content of the site is copyrighted under applicable copyright laws. The use of our site and its content is intended for the personal and non- commercial use by the users of our site.
19.2 Use of your images
- We reserve the right to use your images when advertising you or your goods on our social media platforms or in our marketing campaigns.
If you would like us not to feature your images or advertise on your behalf, you must put your request in writing and email to firstname.lastname@example.org
20. Use of the site
Customers may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this website in whole or in part without the express authorisation of ‘The Letterbox Gift Company’ or ‘the seller’. All images on the website are the property of either ‘The Letterbox Gift Company’ or ‘the seller’ and may not be used for commercial purposes without explicit written permission fromThe Letterbox Gift Company’ or ‘the seller’. The Letterbox Gift Company’ or ‘the seller’ reserves complete and full intellectual property rights in any content you download, print, reproduce, distribute or store from this website.
21. Cyber Security
We always try to ensure that our website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is the responsibility of the consumer and seller to ensure they have the right equipment/software to use the website. We will not be liable for any loss or damage which may arise to computer equipment as a result of using this website, unless as a result of our negligence.
22. Privacy Statement