IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, the buyer (“you” or “Buyer”) should also refer to the terms and conditions of each individual seller (“Seller”) on their indejuice.com home or product pages before making any order.
Acceptance of terms
We may update these Terms and Conditions for Buyers and Sellers (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Terms and Conditions for Buyers and Sellers periodically for changes. By using the Site you agree to be bound by these Terms and Conditions for Buyers and Sellers. If you do not agree to these Terms and Conditions for Buyers and Sellers then please do not use the Services or any part of them.
- About us
The Services are operated by indejuice.com (“we“).
- Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions for Buyers and Sellers.
You must be aged 18 years or older to use our Site.
- Use of the Web App
(a) We grant you the right to use the Web App only for your personal use on a mobile product that you own or control. You 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 our Site or Service in any way or interfere with any party’s use or enjoyment of our Site or Service.
(b) Neither we 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 you breach any of these Terms and Conditions for Buyers and Sellers, your right to use the Site and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.
- Intellectual property rights
We own, 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 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.
You 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 us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
- Description of indejuice.com’s service
In the case of recurring, subscription or membership payments a contract is formed directly between us and the Buyer. In any other circumstance, please note that when you the Buyer decide to purchase goods and/or services the resulting legal contract is a tripartite contract between us, you and the Seller and as such contract shall compromise of these Terms and Conditions for Buyers and Sellers, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
Upon creation of the tripartite contract referred to above, we act as a guarantor and we provide a guarantee for all and every sums being exchanged between the Buyers and Sellers (the “Guarantee”). This means that in the event of a chargeback or refund or any other monetary claim resulting from a party to the tripartite transaction (the “Contravening Party”), we are liable to provide the opposing party (the “Non-contravening Party”) with all monies due to them. Notwithstanding this, we reserve the right to then separately pursue the Contravening Party for the sums that we have guaranteed. This Guarantee is intended to create assurance in the marketplace for both Buyers and Sellers that we will provide liquidity and safety so that neither party is left out of pocket under this Guarantee and encourages trade in the marketplace.
You should carefully review the Terms and Conditions for Buyers and Sellers, the email confirmation of your order 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 for Buyers and Sellers and the email confirmation of your order or the applicable details on the product page, these Terms and Conditions for Buyers and Sellers shall prevail to the extent of the conflict or inconsistency.
Other than the monetary Guarantee mentioned above, we cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
- Disclaimer of Warranties and limitation of liability
(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site and Web App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) You use the Web App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Web App.
(d) Neither we nor our licensors are liable to you 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 we 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 we 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 for Buyers and Sellers shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- How contracts are formed between you and Sellers
Subject to the Guarantee we provide, each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Terms and Conditions for Buyers and Sellers and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
- IndeJuice’s Role
IndeJuice provides a platform for you and third-party Sellers to negotiate and complete transactions under the safety of our Guarantee. Sellers may list any item on the Site unless it is prohibited by law. Without limitation, Sellers 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 the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.
- Transaction Processing
By registering for or using the Services, the Seller authorises IndeJuice to act as their agent for purposes of processing payments, refunds and adjustments for Your Transaction, receiving and holding Sales Proceeds on the Seller’s behalf, remitting Sales Proceeds to the Seller’s bank account, charging the Seller’s 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/info-for-sellers which we may alter at our absolute discretion at any time. We 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. “Sales Proceeds” means the gross proceeds from any of Your Transactions, including all shipping and handling, gift wrap and other charges, but excluding any taxes separately stated and charged. “Your Transaction” means any sale of the Seller’s items through the Site. Notwithstanding anything to the contrary in this agreement, IndeJuice may in its discretion perform the transaction processing services described in this clause 9.
For the avoidance of doubt where cash on local pickup has been selected as a payment method IndeJuice does not act as an agent for the Buyer and does not act as an agent for the Seller for purposes of processing payments, refunds and adjustments. Where cash on local pickup has been selected as a payment method the role of IndeJuice is extinguished and the Buyer and the Seller process the transaction in absolute isolation of IndeJuice and the Buyer and Seller process the transaction at their own risk.
- Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming gift vouchers against us to put towards your purchase of goods and/or services on the Site. Except as otherwise described in the gift voucher special terms and conditions below, in accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods including gift vouchers, the Seller acknowledges and agrees that the valid payment by you to us or redemption of a voucher for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Terms and Conditions for Buyers and Sellers, and/or any transaction made by you via notothehighstreet.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable.
- Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
- Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
Where a Seller has provided the delivery option of local pickup and you have chosen this delivery option, you are responsible for arranging a safe meeting location at a suitable time. To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from use of the local pickup delivery option.
- Import regulations and duty
You must not order goods from our Site for delivery outside the UK.
- Compliance with all relevant laws
In this clause 14 the definition “you” is used to describe the Seller. In any other part of this agreement “you” is used to describe the buyer.
The Seller hereby agrees and warrants that any product you list on our Site is compliant with all relevant English laws and regulations in particular but not limited to the Tobacco and Related Products Regulations 2016.
As a Seller, 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.
As a Seller, you hereby acknowledge and agree 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.
IndeJuice is not an agent of Seller and is not the agent of Buyer for any purpose, except as set out in this agreement in relation to the sole purpose of processing payments, IndeJuice will not be liable for any non-compliance of the relevant English laws and regulations arising in any circumstance whatsoever.
- Returns, refunds and exchanges
You and the Seller agree that items are non-refundable and non-returnable and non-exchangeable. If the Seller decides, at their own discretion, to accept a return, issue an exchange or grant a refund, they do so at their own risk and we will not be liable for any loss, damage or loss of profits suffered as a result.
Notwithstanding the above, we provide a Guarantee as defined above that in the event a Buyer and Seller cannot agree, we will Guarantee the transaction and be liable for the sums claimed by either party.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Terms and Conditions for Buyers and Sellers and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We 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 you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
- 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 your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We 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. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
- Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions for Buyers and Sellers, or if we fail to exercise any of the rights or remedies to which we 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 us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions for Buyers and Sellers shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- No warranties
SUBJECT TO THE GUARANTEE THAT WE PROVIDE AS DEFINED ABOVE, OUR SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. INDEJUICE DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
- 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;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
- 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.
- General release
OTHER THAN THE GUARANTEE DEFINED ABOVE WHICH GUARANTEES ALL MONETARY TRANSACTIONS ON THIS SITE, THE BUYER AND THE SELLER RELEASE US FROM EVERY AND ANY OTHER CLAIM FALLING OUTSIDE THE SCOPE OF A MONETARY CLAIM.
Because IndeJuice is not the agent of Seller and is not the agent of Buyer for any purpose, except as set out in this agreement for the sole purpose of processing payments, other than providing a the Guarantee defined above, IndeJuice will not act as either party’s agent in connection with resolving any disputes between related to or arising out of any transaction. IndeJuice urges Sellers and Buyers to cooperate with each other to resolve such disputes.
If any of these Terms and Conditions for Buyers and Sellers 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.
- Entire agreement
These Terms and Conditions for Buyers and Sellers 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 us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor 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 for Buyers and Sellers or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions for Buyers and Sellers and any documents expressly referred to in them.
- Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Terms and Conditions for Buyers and Sellers due to circumstances beyond our or the Seller’s 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 the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Rights of Third Parties
No provision of these Terms and Conditions for Buyers and Sellers 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 the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the Web App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
- Feedback and Complaints
General comments about the Site are welcome, please contact us at indejuice.com/contact-us Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our the Site and with the Seller, the European ‘Online Dispute Resolution Platform’ can be accessed by following the link: http://ec.europa.eu/odr.
- 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.