Terms & Conditions

Definitions

The following definitions apply in this agreement.

"Customer" means any third party customer who places an order with You.

"IndeJuice" means IndeJuice Limited (Co.Reg.No 11551218) whose registered office is at Unit 2 Octagon Business Centre, Miller Street, Birmingham, United Kingdom, B6 4NH.

"User" means the Customer, You or any such persons including a natural person, corporate or unincorporated body (whether or not having separate or legal personality) who uses the Service.

"You" means any such persons including a natural person, corporate or unincorporated body (whether or not having separate or legal personality) who sell products via IndeJuice.

IMPORTANT NOTE: You must be aged 18 years or older with a United Kingdom address to use our Site. We age verify all users through various public records and related intelligent identity solutions. If we are unable to age verify you automatically though our integrated systems, you will be required to provide valid ID through our secure online verification system or at point of delivery.

Acceptance of terms

These provisions (including our Privacy Policy, Fulfilment by IndeJuice Service Terms together with any other documents referred to in these provisions) set out the terms and conditions on which You and the Customer may make use of the indejuice.com website (the "Site") or our mobile service (the "Web App") (together the "Service"), whether as a guest or registered User ("Terms and Conditions").

IndeJuice may update these Terms and Conditions (and the documents referred to in them) and any aspect of the Service from time to time and Users agree to be deemed as notified and to have consented to any such changes if Users continue to use our Service. By using the Site Users confirm that Users have reviewed and agree to be bound by these Terms and Conditions. If Users do not agree to these Terms and Conditions then do not use the Services or any part of them.

1. About us

The Services are operated by IndeJuice. IndeJuice specialises in connecting You with a vast array of Customers who may not have otherwise entered into a contact of sale with You has it not been for IndeJuice acting on Your behalf. In order to perform its role effectively, You understand the commercial need for and You thus give IndeJuice actual authority whether express or implied to allow IndeJuice to act on Your behalf to negotiate or conclude the sale of goods or services on Your behalf.

2. Accessing our Service

Access to the Services is permitted on a temporary basis, and IndeJuice reserves the right to withdraw or amend the services IndeJuice provide through the Site without notice. IndeJuice will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, IndeJuice may restrict access to any or all of the Services, to Users who may or may not have registered with us. Any personal data and other information provided by Users is processed by IndeJuice in accordance with IndeJuice's Privacy Policy. By providing any such personal data or other information the User agrees to the terms of IndeJuice's Privacy Policy.

If a User chooses, or are provided with, a User identification code, password or any other piece of information as part of IndeJuice's security procedures, the User must treat such information as confidential, and must not disclose it to any third party. IndeJuice has the right to disable any User identification code or password, whether chosen by the User or allocated by IndeJuice, at any time, if in IndeJuice's opinion the User has failed to comply with any of the provisions of these Terms and Conditions.

Any User must be aged 18 years or older with a United Kingdom address to use our Site.

3. Use of the Web App

(a) IndeJuice grants the User the right to use the Web App only for personal use on a mobile product that Users own or control. The User may not: (a) modify, copy, publish, license, sell or otherwise commercialise the Web App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the Web App; or (c) use the Web App in any way that could impair the Site or Service in any way or interfere with any party's use or enjoyment of our Site or Service.

(b) Neither IndeJuice nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the Web App or any other part of the Service.

If a User breaches any of these Terms and Conditions or any other related agreement referred to in these provisions the User will not be entitled to use the Site or any of the Services and IndeJuice may at its sole discretion cease the User's ability to use the Site or any of our Services without warning.

4. Intellectual property rights

IndeJuice owns, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You or the Customer will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Web App or any other part of the Service.

A User must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from IndeJuice or its licensors.

IndeJuice respects the intellectual property rights of others and IndeJuice asks Users to do the same. If a User is aware that any of their intellectual property rights have been infringed on the Site, please contact us here to report the concern.

5. Description of indejuice.com's service

In the case of recurring, subscription or membership payments a contract is formed directly between IndeJuice and the Customer. In any other circumstance, when a Customer approaches the Site or Service to purchase goods and/or services through our Service and proceeds to purchase any such goods and/or services the resulting legal contract for the sale of those goods and/or services is a contract directly between You and the Customer.

IndeJuice assists such transactions by acting as Your agent and locates Customers that IndeJuice has deemed to have a high probability of willingness to enter into a contract with You. After locating such Customers, IndeJuice then facilitates the contract on Your behalf in its capacity as Your agent and with Your actual authority whether express or implied that You have granted IndeJuice to act on Your behalf to negotiate or conclude the sale of goods or services.

The contract that IndeJuice facilitates in the sale of goods and services comprises of these Terms and Conditions, the email notification of a Customer's order and the applicable details on the product page and You agree to be bound by all such provisions.

By using the Service, the Customer understands that other than in the case of recurring, subscription or membership payments as described above, the Customer is entering into a contract directly with You and understands and relies on the express authority that You have given IndeJuice to negotiate or conclude the contract for the sale of goods or services on Your behalf and the Customer enters the contract solely on that reliance.

You give IndeJuice actual authority whether express or implied authority to advertise Your products via the Service and understand that any such advertisement is an invitation to treat. Upon receipt of an offer from the Customer to purchase Your goods or services in the form of the submission of an order, or any other form as may be prescribed by IndeJuice, from a Customer, You give IndeJuice actual authority whether express or implied to accept the offer and enter into the resulting contract on Your behalf and You understand that You will remain solely liable to complete the contract. IndeJuice will send You an email confirmation of any contracts that it enters on Your behalf and failing any such email confirmation, You acknowledge that You remain bound to fulfil the contract that IndeJuice has entered on Your behalf.

You should carefully review the Terms and Conditions, the email notification and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms and Conditions and the email notification or the applicable details on the product page, these Terms and Conditions shall prevail to the extent of the conflict or inconsistency.

IndeJuice does not give any undertaking, that goods and/or services that the Customer purchases from You through the Service will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by IndeJuice absolutely to the fullest extent permitted by law. This disclaimer does not affect the Customer's statutory rights against You. Where the Customer orders goods and/or services through the Service IndeJuice may disclose the Customer's information related to that transaction You to allow You to fulfil Your obligations under the contract that IndeJuice has entered on Your behalf.

While IndeJuice reviews the Service from time to time to ensure a high quality is maintained throughout the Service, IndeJuice is not responsible in any way for, listings provided by You and at no time does IndeJuice come into legal ownership of any items You offer for sale through the Service.

6. Disclaimer of Warranties and limitation of liability

(a) To the fullest extent permitted by applicable laws, IndeJuice disclaims responsibility for any harm resulting from any Users use of any part of the Service.

(b) The Site and Web App are provided “as is” and “as available” and IndeJuice expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties.

(c) Any User that uses the Web App at their own discretion and risk, and the User is solely responsible for any damages to their hardware device(s) or loss of data that results from the download or use of the Web App.

(d) Neither IndeJuice nor its licensors are liable to You and/or the Customer or any User for any use or misuse of the Web App. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if IndeJuice have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if IndeJuice have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Web App, from inability to use the Web App, or from the interruption, suspension or termination of the Web App (including any damages incurred by third parties).

(e) Nothing in these Terms and Conditions shall limit or exclude IndeJuice's liability for fraudulent misrepresentation, for death or personal injury resulting from IndeJuice's negligence or the negligence of IndeJuice's agents or employees or for any other liability that cannot be limited or excluded by law.

7. IndeJuice's Role

IndeJuice provides a Service that helps You fulfil Your obligations under the contracts that You have given IndeJuice actual authority whether express or implied to enter into on Your behalf. You may list any item on the Service other than CBD products and unless a product is prohibited by law. Without limitation, You may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to You to accurately describe the item for sale. You use the Site and the Services at Your own risk.

8. Transaction Processing

By registering for or using the Services, You give IndeJuice actual authority whether express or implied to act as Your agent for purposes of processing payments, refunds and adjustments in relation to orders that IndeJuice concludes on Your behalf, receiving and holding sales proceeds on Your behalf, remitting sales proceeds to the Your bank account, charging Your credit card, and paying IndeJuice any commission or payment processing fee owed to it for which the commission and payment processing rate is deemed agreed at the rate indicated at indejuice.com/partners which IndeJuice may alter at its absolute discretion at any time. IndeJuice will process payments and release the sale proceeds less any commission and payment processing fee owed to IndeJuice within 28 calendar days after the date of Your transaction.

You acknowledge and understand that You are liable for Your own VAT and must pay any VAT that IndeJuice passes onto You as required by law. In the event that IndeJuice suspects that VAT is not being paid IndeJuice will immediately deactivate Your account and report You to HMRC. Where applicable, IndeJuice charges VAT on Your behalf and passes the proportionate sum of any VAT proceeds to You. You acknowledge and agree that You are jointly and severally liable for all VAT proceeds relating to transactions that IndeJuice enters on Your behalf and You warrant that You have sought independent professional tax advice prior to using the Service in any manner.

For further VAT information, please visit the UK Government's website and search for guidance on VAT charged through marketplaces.

9. Payment methods

Purchases for goods and/or services a Customer makes with You may only be paid for using the payment methods IndeJuice make available from time to time through its payment facility. You further agree that You will not seek recourse (legal or otherwise) against the Customer for payment of items if IndeJuice has collected the sales proceeds on Your behalf and they have validly paid to IndeJuice on Your behalf. If You are unsure of if this is the case, You should contact IndeJuice immediately at team@indejuice.com

All prices shall be shown in the applicable currency and payable in that currency. The Customer accepts that some banks may charge them an additional fee for certain transactions (for example, international transactions). The Customer accepts that item prices in the currencies displayed do not vary according to location; delivery charges will vary depending on the destination choosen to have the item delivered. For delivery destinations within the UK prices include VAT or other sales taxes where applicable.

10. Refusal of transaction

IndeJuice may refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. IndeJuice will not be liable to You or Customer by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

11. Delivery arrangements

The Customer's shopping basket on the Site displays the goods they have chosen, You agree to provide the Customer with details of postage and packing using IndeJuice as the sole agent to convey any such communication. IndeJuice will make the Customer aware that delivery methods differ and IndeJuice will inform Customers of any such delivery times on Your behalf. Any delivery times quoted are in working days.

12. Import regulations and duty

Customers are not able to order goods from IndeJuice for delivery outside the United Kingdom.

13. Compliance with all relevant laws

You hereby agree and warrant that any product You list on our Site for us to advertise on Your behalf is compliant with all relevant English laws and regulations in particular but not limited to the Tobacco and Related Products Regulations 2016.

By listing Your product on our Site You hereby confirm that the product complies with the Tobacco and Related Products Regulations 2016 and has been notified to the Medicines and Healthcare products Regulatory Agency.

You hereby acknowledge and affirm that You have carried out toxicology and emissions testing and You are able to present any such information or reports for IndeJuice to present on Your behalf to the relevant authorities within 24 hours of IndeJuice receiving any such request on Your behalf and passing such a request to You via the email associated with Your account that You use to login to the Service.

You hereby acknowledge and affirm that compliance with the relevant English laws and regulations in particular the Tobacco and Related Products Regulations 2016 is solely Your responsibility and You agree that You are solely liable for any non-compliance.

Notwithstanding Your actual authority whether express or implied to allow IndeJuice to enter into contracts on Your behalf, You warrant to us that Your products are compliant with all relevant laws and You acknowledge and affirm to the fullest extent available to You that IndeJuice will not be liable for any non-compliance of the relevant English laws and regulations arising in any circumstance whatsoever.

14. Returns, refunds and exchanges

Due to the nature of the products sold through this Service, IndeJuice hereby informs Customers on Your behalf that all products are non-refundable and non-returnable and non-exchangeable. If You decide, at Your own risk, to accept a return, issue an exchange or grant a refund, then You do so at Your own risk and outside the bounds of the agreement or contract that IndeJuice has negotiated and/or concluded with the Customer on Your behalf and IndeJuice will not be liable for any loss, damage or loss of profits suffered as a result.

The Privacy Policy explains that IndeJuice is permitted to read all private messages between You and other Users of our Site including but not limited to Customers.

If you would like to find out more information on returns and refunds, please refer to our Returns Policy.

15. Links

Users may link to the Service's home page, provided Users do so in a way that is fair and legal and does not damage IndeJuice's reputation or take advantage of it, but Customers must not establish a link in such a way as to suggest any form of association, approval or endorsement on IndeJuice's part as none exists between IndeJuice and the Customer. IndeJuice expressly reserves the right to revoke the right granted in this clause for breach of these Terms and Conditions and to take any action it deems appropriate.

The Service must not be framed on any other website, nor may Users create a link to any part of our Site other than the home page. IndeJuice reserves the right to withdraw linking permission at any time.

The Service may provide links to other websites for the User's information. If the User use these links, the User will leave the Site. IndeJuice has not reviewed these third party websites and IndeJuice has no control over such sites or resources. IndeJuice therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If the User decides to access any of the third party websites linked to the Site, the User does so entirely at their own risk. IndeJuice accepts no responsibility for third party websites or for any loss or damage that may arise from the User's use of them.

16. Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent the Customer's identity or affiliation with any person.

Any material a User uploads to the Site will be considered non-confidential and non-proprietary, and IndeJuice have the right to use, copy, distribute and disclose to third parties any such material for any purpose. IndeJuice also have the right to disclose a User's identity to any third party who is claiming that any material posted or uploaded by such User constitutes a violation of their intellectual property rights, or of their right to privacy. IndeJuice will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by Users. IndeJuice have the right to remove any material or posting a User makes on the Site.

17. Viruses, hacking and other offences

All Users of the Service must not misuse the Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. All Users must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. All Users must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, the relevant User would commit a criminal offence under the Computer Misuse Act 1990. IndeJuice will report any such breach to the relevant law enforcement authorities and IndeJuice will co-operate with those authorities by disclosing the User's identity to them. In the event of such a breach, the User's right to use the Service will cease immediately.

18. Waiver

If IndeJuice fails at any time to insist upon strict performance of any of Your obligations under these Terms and Conditions, or if IndeJuice fails to exercise any of the rights or remedies to which IndeJuice are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by IndeJuice of any default shall not constitute a waiver of any subsequent default. No waiver by IndeJuice of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

19. No warranties

INDEJUICE DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

1. 1. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
2. 2. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
3. 3. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
4. 4. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
5. 5. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF INDEJUICE.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INDEJUICE DISCLAIMS ANY AND ALL SUCH WARRANTIES.

20. General release

YOU AND THE CUSTOMER RELEASE INDEJUICE FROM EVERY AND ANY CLAIM.

21. Disputes

IndeJuice's role is to enter You into contracts on Your behalf with any Customers it deems appropriate. Notwithstanding this, You acknowledge and understand that IndeJuice will not mediate disputes between You and the Customer that may arise after IndeJuice has carried out its role by accepting the offer that immediately forms a contract between You and the Customer. Any such dispute or resulting liability remains with You and must be resolved directly by You as You are the contracting party. IndeJuice provides a forum for dispute resolution through the Service's private messaging. IndeJuice urges You to cooperate with Customers to resolve such disputes.

22. Severability

If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23. Entire agreement

These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between You and IndeJuice, whether written or oral, relating to its subject matter. You agree that You shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or any documents expressly referred to in them. You shall not have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions and any documents expressly referred to in them.

24. Force majeure

Where You or IndeJuice are prevented from or delayed in carrying out obligations under these Terms and Conditions due to circumstances beyond IndeJuice or the Your reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Your workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either Your or IndeJuice's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

25. Rights of Third Parties

No provision of these Terms and Conditions shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either IndeJuice or You) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

26. Law and jurisdiction

Contracts for the purchase of goods or services through the Service shall be governed by English law. Any dispute arising from, or related to, such contracts, including legal disputes related to card processing, shall be subject to the exclusive jurisdiction of the courts of England.

27. Feedback and Complaints

General comments about the Service are welcome, please contact us at team@indejuice.com.

If the Customer has made a complaint and has exhausted all of the dispute resolution options available and in the event that the Customer is unable to resolve a dispute, the Customer can send any complaint to complaints@indejuice.com. Once received, IndeJuice will do everything in its power to resolve the complaint internally. IndeJuice will reply to a complaint within 15 business days after the day on which IndeJuice received a complaint. In exceptional circumstances, if a full reply cannot be given in this time frame for reasons beyond IndeJuice's control, IndeJuice will send a holding reply, clearly indicating the reasons for the delay in providing a full reply and specifying the deadline by which the Customer will receive a full reply (a deadline no later than 35 business days after the day on which IndeJuice received the complaint).

Included in our final response, IndeJuice will include information clarifying that the Customer has the right to refer the complaint to the financial ombudsman service within six months of the final response and IndeJuice will include the relevant contact information to the financial ombudsman.

28. Other applicable terms and conditions

Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.

29. Severability

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

30. European Sales

In order to operate outside of the United Kingdom, particularly in the European Union, IndeJuice may decide to come into ownership of Your products at any moment by purchasing them at the equivalent sale price of the agreed rate indicated at indejuice.com/partners and any such purchases will be evidenced by an invoice between You and IndeJuice that is accessible and downloadable through Your dashboard once logged into your seller account.