Marketplace Terms and Conditions

These are the terms and conditions for use of the Omlet Marketplace by all website users.

Section A: General Conditions

Section B: Conditions Specific To Sellers

Section C: Conditions Specific To Buyers

Section D: Further Conditions

1. The Role of the Omlet Marketplace

1.1 Omlet Limited ("Omlet") has created an online Marketplace ("Marketplace") which is a Venue for buyers and sellers to use to sell products and services (including but not limited to training courses) ("Items") which may be published on the Website www.omlet.co.uk ("Website") from time to time.

1.2 A user ("You") may only participate in buying and selling on the Omlet Marketplace if You have agreed to these terms and conditions of use.

1.3 By registering, You acknowledge that You have read and understood and agree to all of these terms and conditions.

1.4 This agreement will apply for the whole period You are registered on the Omlet Marketplace and will terminate when all Your transactions are completed and Your account is closed permanently.

1.5 This agreement is a form of participation agreement, and is not in any way an agency, partnership, joint venture, employment or franchise relationship or any other form of legal relationship between You and Omlet.

2. Registration

2.1 In order to register on the Omlet Marketplace, You must live in the UK, Ireland, France, Germany, Netherlands or the USA.

2.2 You must be willing to provide personal information including (but not limited to) Your name, address, phone number and email address and this information must be factually correct. Omlet will not take any responsibility for information which is false or misleading.

2.3 Omlet requires that You update Your personal information if and when it changes from time to time.

2.4 If, after investigation, Omlet have reasonable ground to suspect that Your information is untrue, inaccurate, not current or incomplete, we reserve the right to close Your account.

2.5 Omlet requires that all users of the Marketplace are over 18 years old.

2.6 You are responsible for maintaining the confidentiality of any passwords associated with Your account.

2.7 You are responsible for any activities under Your account. If You become aware of any unauthorised use of Your account You must notify Omlet immediately via email at info@omlet.co.uk.

2.8 You must not transfer Your account or passwords to another user. You may not have more than one account.

2.9 To register You must create a user identification ("Display Name") of Your own choice which will appear on the Marketplace.

3. Users’ information

3.1 You must not collect or store data about other users without their consent.

3.2 You must respect other user’s privacy and not use information obtained about other account holders from the Marketplace for other uses.

3.3 You may not disclose, sell or barter to any third party data acquired by You as a result of any transactions on the Marketplace.

3.4 You must not upload private information related to any other person including, (but not limited to) names, addresses, email addresses, phone numbers, credit card or debit card details.

4. Provision of Service

4.1 Omlet reserves the right to make changes to the Marketplace service as we develop the service and make improvements to it.

4.2 Omlet cannot warrant or guarantee uninterrupted access to the Website.

4.3 You agree not to attempt to interrupt the Marketplace, the Website or any part of the service, nor may You interact with the service except through the interface provided by Omlet.

4.4 You may not duplicate, sell, copy or resell the Marketplace service for any purpose.

4.5 Omlet reserves the right to disable access to Your account at any time for any reason.

4.6 You may not use the Omlet Marketplace for any unlawful activity.

4.7 Any content You upload to the Marketplace should not inundate the Website with communications or other traffic. Omlet will assume that if this activity is found that You have no serious intent to use the Website for its stated purpose and Omlet reserves the right to terminate Your account and disable Your password without notice.

5. Content

5.1 You are entirely responsible for any content which You place on the Marketplace (including but not limited to: images, listings, feedback or any description of items listed) as Omlet act as a mere conduit for Your content.

5.2 Omlet does not control the content provided by You. Omlet reserves the right, but has no obligation, to screen, review, modify, refuse or remove any or all contact from any service without notice to You.

5.3 Omlet warns users that You may find some content of the Marketplace to be offensive, harmful, inaccurate or deceptive. Be aware that there is a risk that You are dealing with people who are hiding their true identity or purpose.

5.4 You grant Omlet and our affiliates a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed on Your account or in any other catalogue or product information that You provide to us (excluding any of Your logos, trademarks or other similar branding), in any media now known or available at a later date.

5.5 You must not post content which contains or transmits any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

5.6 By uploading content onto the Omlet Marketplace, it is possible for a third party to copy and reuse that content. By posting any content You agree to take this risk and hold Omlet harmless for any dispute concerning such re-use.

5.7 You must not include any links in either graphics or text in any content in such a way that enables other users to contact You directly.

5.8 You must not use a domain name within any content, including Your Display Name. You must not use "www", ".com", ".co.uk" or other domain name identifiers including misspellings or abbreviations of domain names.

5.9 You have no legal right to use any of Omlet’s trade names, trademark, service marks, logos, domain names or other distinctive brand features.

5.10 The use of Your Marketplace account to advertise similar or ancillary items or services not connected with the item(s) for sale is strictly prohibited, and failure to adhere to this condition will result in sanctions being placed on Your account. A repeated breach of this condition will result in Your account being terminated and Your password disabled without notice.

6. Communications

6.1 You agree not to send spam or deliver unsolicited contact to Omlet or its other Marketplace users using communication tools that we provide.

6.2 You are responsible for all content and communications sent from Your computer or Your Marketplace account.

6.3 Omlet will send general notices to Your email address as provided and these will also be published on the Website. Whether or not You receive the e-mail or read the notice on the Website, publication shall be deemed to be reasonable notice to You. If You continue to use the Website after the notice of change You are deemed to accept such changes as have been made.

6.4 You should monitor Your email frequently and tell us of any changes to ensure that You are able to access any notices sent by Omlet.

6.5 To report any issue arising under this agreement or as a result of Your or others’ use of the Marketplace please contact us here:

Our mailing address is:

Omlet Limited
Tuthill Park
Wardington
Banbury
Oxfordshire
OX17 1RY

info@omlet.co.uk

7. Rating and Feedback

7.1 Feedback is a way of communicating between buyer and seller and establishing a relationship of trust for both. Omlet encourages its uers to leave courteous feedback on an Item for every transaction made. A rating of between 1 and 5 can be given, where 1 is the lowest and 5 is the highest rating.

7.2 You may only leave feedback to buyers or sellers relating to a specific Item transaction to which You are party. You should not attempt to leave more than one feedback per Item transaction. You have 60 days in which to leave feedback from the date which the Item sold.

7.3 You may not attempt to generate false feedback by using an additional account or colluding with another user.

7.4 You accept that feedback comments and ratings You make or receive will be publicly available on the Website.

7.5 You accept that some feedback or rating may be critical or deflamatory of You, and You are aware that Omlet will not accept any liability

1. Pricing

1.1 The Omlet Marketplace is not an auction.

1.2 You are free to set a price which You think is reasonable for each Item. However for operational purposes, You may only price an Item as free or "more than 99 pence" or equivalent currency value.

1.3 The Item details and price stated in each description must be an accurate representation of the sale.

1.4 The listed prices are understood to be the full prices including any applicable delivery costs and taxes. Prices displayed must be incicable VAT and ot

1.1 The Omlet Marketplace is not an auction.

1.2 You are free to set a price which You think is reasonable for each Item. However for operational purposes, You may only price an Item as free or "more than 99 pence" or equivalent currency value.

1.3 The Item details and price stated in each description must be an accurate representation of the sale.

1.4 The listed prices are understood to be the full prices including any applicable delivery costs and taxes. Prices displayed must be inclusive of all applicable VAT and other tax. You are responsible for collecting and accounting for VAT or any other applicable tax.

1.5 Sellers may charge reasonable shipping and handling fees to cover the costs of postage and packaging but these must be clear to the buyer before the sale is concluded.

1.6 You must not alter the price actually paid after a sale has completed in an attempt to avoid or reduce the fees payable to Omlet.

1.7 You may only sell Items in a currency permitted and set by Omlet at the time of listing.

2. Items that can be sold

Users may sell any Item which has a 'Sell Yours Here' button and is not a Prohibited Item for the purposes of condition 3 below.

3. Prohibited Items

These Prohibited Items cannot be uploaded, sold or given away for free on the Marketplace:-

3.1 Offensive material including items or services of an abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or racist nature, nor any items or services that promote discrimination based on race, sex, age or any other discriminatory criteria.

3.2 Stolen goods

3.3 Replica and counterfeit Items

3.4 Recalled Items

3.5 Keyword spamming services

3.6 Unauthorised copies

3.7 Advertisements

3.8 Items that infringe another party's copyright, patent, trademark, design right, database right or other intellectual property or other proprietary right.

3.9 Items whose sale, distribution or offering for sale is prohibited by any applicable law.

3.10 Items that do not match the listing information.

3.11 Live animals that are known to be unwell and eggs from any such animal.

3.12 Animal house which are made by Omlet.

This list is not exhaustive and Omlet reserves the right to remove any listings of Items it considers unsuitable for the Marketplace.

4. Listing Items

4.1 You may not list Items under an incorrect product description or wrong product category.

4.2 You must not be unclear, unfair or misleading in relation to any Items (or services) You are listing on the Marketplace.

4.3 You must not manipulate Your listing nor circumvent or manipulate the Omlet fees structure or billing process.

4.4 You must specify the location of the Item that You are listing by providing an address with postcode or zipcode.

4.5 You understand that You may only be able to sell to a buyer within the same country.

4.6 You may not post images that are not part of a listing.

4.7 You may upload only one image per listing. This image must not be larger than 1MB.

4.8 Omlet reserves the right to resize or resample any image provided by You for operational reasons.

4.9 You must own and have to hand the Items at the time of listing.

4.10 Omlet may restrict the listing of certain Items to sellers with an established Marketplace history or quality of feedback rating.

4.11 In the event that Your Item does not sell, You agree that Omlet may remove the listing after a period of 90 days.

5. Handling Sales

5.1 All sales are made directly between buyer and seller, and Omlet shall not be considered a party to any sale. Once a contract is made it shall be binding. The seller is obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance such as:

(a) The buyer failing to meet the terms of the seller’s listing; e.g. collection;
(b) The seller can not authenticate the buyer’s identity.

5.2 If the Item is to be collected by the buyer, You must make every reasonable attempt to make the Item available for collection at a time convenient to the buyer. If the Item is to be shipped, You must ship the Item within 2 days of the Item being sold.

5.3 You are responsible for the performance of any service You employ or subcontract in order to fulfill contracts including but not limited to postal services or couriers.

5.4 You understand and agree that if an Item you offer for sale is for collection only (including but not limited to Items such as live animals or training courses), your address details and telephone number will be made available to the buyer once the payment has been made.

6. Seller’s Fee

6.1 Any sale completed via the Omlet Marketplace is subject to a fee charged by Omlet to the seller ("Fees").

6.2 Fees will be displayed on our Fees page. Fees can change from time to time. You will be notified via email or by posts on the Website about changes.

6.3 The Fees to be applied is agreed at the time of listing the Item. Fees will be applied at the point when an Item is sold and before the remitted purchase price is credited to Your seller account balance.

6.4 Omlet may, in its sole discretion, waive, reduce or reverse Fees for a specific transaction.

6.5 You can download an invoice for any Fees that You incur. You can do this by visiting the account area of the Website: https:/www.omlet.co.uk/accounts/ .

7. Your Seller Account

7.1 Omlet will take payment from the buyer for any sale made on the Marketplace.

7.2 Omlet will credit Your Seller Account within fourteen (14) days of an Item being sold and only once the Item has been shipped, collected or the service provided to the buyer.

7.3 You can transfer funds from Your Seller Account to a bank account in the same currency via cheque or to a Paypal account. Omlet may add additional methods of transferring funds from Your Seller Account from time to time. You will be notified of these changes via email or by posting on the Website.

7.4 Requests to transfer funds via cheque may take up to fourteen (14) days.

7.5 The minimum ammount You can transfer out of Your Seller Account via Paypal is £1.00 or equivalent currency value. The minimum ammount You can transfer out of Your Seller Accountvia cheque is £5.00 or equivalent currency value.

7.6 As a security measure, Omlet may impose a transaction limit when transferring funds from Your Seller Account.

7.7 You will not be charged by Omlet to transfer money out of Your Seller Account. Omlet reserves the right to charge a Fee to transfer money from Your Seller Account in the future.

7.8 Your Seller Account must remain in credit at all times. If for any reason Your Seller Account balance becomes negative we will charge Your nominated credit card for the full outstanding amount.

7.9 You accept that we may earn interest or other compensation from the balances held in our bank accounts that result from the timing difference between our being paid by a buyer and Your Seller Account being credited with fund and if You leave funds in Your Seller Account.

1. Buying

1.1 You must pay for all Items You purchase through the Omlet designated checkout system.

1.2 You must not attempt to buy or sell through any other payment method, for example personal cheque or money transfer.

1.3 You may not attempt to circumvent the Omlet Marketplace to avoid the seller incurring Fees.

1.4 You agree to pay in the currency listed on the Website.

1.5 You should be aware that a purchase made from a seller in a foreign jurisdiction may be subject to various import taxes levied by your home country. If you are in any way unsure as to whether such taxes will apply to you, you should contact your country’s revenue service prior to placing an order from a seller in a foreign jurisdiction.

1.6 The transaction is only complete once the buyer has completed the checkout process.

1.7 You must not attempt to interfere with another user’s purchase and You must not attempt to manipulate a transaction in a way that is unfair to other users.

1.8 Omlet reserves the right to charge buyer fees in the future.

2. Canceling an Order

2.1 If you wish to cancel an order for an Item on the Marketplace you should contact the Seller directly immediately. Contract cancellations and returns are matters between the buyer and seller. Omlet is not a party to the sale or supply of any goods or services between the Buyer and Seller.

2.2 You may not be able to cancel your order if the Item has been dispatched and is in transit. However, you may be entitled to return an Item, and if you wish to do so you should contact the seller immediately upon receipt.

2.3 You cannot cancel or receive a refund for a Service (including but not limited to training courses) if the proposed cancellation is to be made within 72 hours of the course commencing.

3. Returning an Item

3.1 You must inspect each Item You purchase immediately upon receipt to ensure that it is in accordance with the description provided by the seller.

3.2 Any Item You wish to return to the seller must be kept in good condition whilst in Your possession.

3.3 Omlet will repay the buyer the full selling price of the Item if the following conditions are met:

(a) If the seller did not deliver the Item or if the Items delivered were materially different from the description on the Marketplace; and
(b) The return request was made within 30 days of receipt of the Item

3.4 You are responsible for all shipping and handling charges for returning an item to the seller.

1. No warranties

The Marketplace is provided on an "AS IS" basis. Omlet makes no other warranties or representations, express or implied, including without limitation:

a) Implied warranties of merchantability, fitness for purpose, title, and non-infringement;
b) That Items will be as represented on the Website;
c) Any obligation, liability, right, claim, or remedy in tort or contract, Omlet disclaims any and all such warranties to the full extent permitted in law.

2. Indemnity

Omlet requires that You agree to indemnify Omlet, our affiliates and our employees for any claim or damage that arises under contract or tort or other applicable law as a result of using the Website or buying and selling Items on the Marketplace, including all direct and indirect loss and damage of a consequential nature including but not limited to loss of profit.

3. Limitation of Liability

3.1 Omlet, our affiliates and our employees shall have no liability to You under these terms and conditions as far as is permitted by law except in respect of death or personal injury caused by Omlet’s negligence.

3.2 Omlet is not a party to any contract entered into between buyers and sellers, and accepts no liability resulting from the use or misuse of any product or service purchased from the Marketplace.

4.Governing Law

The validity, interpretation and performance of this agreement shall be governed by the laws of England and any disputes arising shall be adjudicated exclusively by the Courts of England and Wales.

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