Legal

Website Terms of Use

1 ACCEPTANCE OF TERMS

Your access to and use of www.the-retail-network.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 CONTENT

2.1 Whilst we endeavour to ensure that the content of the Website including but not limited to profiles, content and products whether published by us or a third party are genuine and accurate we cannot guarantee this.
2.2 We reserve the right to remove any content found or reported to be inaccurate, misleading, fraudulent or illegal without notice or refund.

3 CHANGES TO WEBSITE

The Retail Network reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that The Retail Network shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to The Retail Network or otherwise used by The Retail Network Limited as permitted by law.
5.2 In accessing the Website you agree that none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided, on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, The Retail Network will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 The Retail Network makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of The Retail Network for death or personal injury as a result of the negligence of The Retail Network or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold The Retail Network and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against The Retail Network arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

Terms & Conditions of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

1. Definitions

1.1 In these Conditions any reference to “we”, “our”, “ourselves” and “us” is a reference to The Retail Network and any reference to “you”, “your” and “yourself” is a reference to the Customer whether a company or individual “Retailer” means a company advertising and selling goods or services to Buyers. “Buyer” means a company or individual interested in buying goods or services from “Retailers”. “Advertiser” means a company or organisation promoting themselves through our website, newsletters or emails. “Website” refers to www.the-retail-network.com. ”Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between you and us. ”Customer Contract” means the contract between you and us for the use of the Services, incorporating these Conditions. ”Order” means any order made by Buyers for goods or services supplied by Retailers.

2. Applicability of Conditions

2.1 These Conditions shall govern the Customer Contract to the exclusion of any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document and you waive any right which might have to rely on such terms or conditions.
2.2 No variation to these Conditions or any representation about the Services shall have effect unless expressly agreed in writing and signed by us.
2.3 Each Order by you for Goods or Services shall be deemed to be an offer by you to purchase Goods or Services subject to these Conditions.
2.4 No Order placed by buyers shall be deemed to be accepted until payment is made through the website by PayPal. 
2.5 Each Order received by retailers shall be deemed to be accepted once payment is received though the website by PayPal. 
2.6. The goods or services for each Order received shall be delivered by the retailer as described by the specified delivery date.

3. Term

3.1 The Customer Contract shall come into effect upon registration as a Retailer, Buyer or Retailer & Buyer.
3.2 The term of the contract shall be indefinite or until either party terminates this agreement in accordance with these terms and conditions.
3.3 The term of contract for advertisers shall be as specified on the order.

4. You Warrant That

4.1 You agree to provide true and accurate personal and/or company details including but not limited to contact details.
4.2 You warrant that the information you provide about yourself or your company is true and accurate.
4.3 If we have reason to believe any information provided in your profile is false, fraudulent or deliberately misleading we reserve the right to remove your profile without notice. 
4.4 As a Retailer you warrant that you or your business it trading legally and that you have the appropriate rights and authority to register a profile and sell the goods or services you offer.
4.5 As a Retailer you warrant that for each order received and paid by PayPal through the website the goods or services will be delivered as described on or before the advertised delivery date.
4.6 If it is reported that you the Retailer have failed to deliver the goods or services as described for any order we may contact you to investigate and mediate a resolution. 
4.7 You warrant that all orders and payments for goods or services shall be placed though the website by PayPal thus protecting both Retailers and Buyers with PayPal Buyer Protection and Seller Protection.
4.8 As a Retailer or Advertiser you warrant that you own, license, or are authorised to promote any images, text, logos, links, websites, products and anything else used to market through the website.
4.9 As a Retailer you warrant you that are responsible for and will comply with all relevant regulations including but not limited to laws, customs and taxes when selling goods or services through the website.

5. We Will Endevour To

5.1 Take reasonable provisions to ensure that the website remains up and operable.
5.2 Do everything that we reasonably can to keep your personal data secure & confidential as per our privacy policy.
5.3 Market and promote The Retail Network to drive as much traffic and as many potential Buyers and Retailers as possible to the website.
5.4 Take reasonable measures to check and monitor profiles for validity and warrant that any profile found to be false or fraudulent will be removed as quickly as possible.
5.5 Investigate and mediate any disputes between Buyers and Retailers. In the event that we are unable to assist both parties agreeing a suitable resolution disputes will be referred to PayPal who will determine the outcome as per the PayPal Buyer Protection and Seller Protection policy.

6. Listing & Selling Products

6.1 You warrant that you own and possess all rights required to legally promote and sell each of your products.
6.2 You warrant that you will list accurately as much detailed information about each product as possible and will list products only in relevant product categories.
6.3 You acknowledge that it is your responsibility where applicable to apply the correct settings including but not limited to; pricing, currency, tax settings, shipping settings, payment settings, delivery & returns policy.
6.4 You acknowledge that products may be listed in any of our supported currencies and can then be converted by Buyers to their preferred currency using the websites currency conversion tool.
6.5 You acknowledge that The Retail Network is not the provider of exchange rates and is neither responsible nor liable for the accuracy or changes in currency exchange rates.
6.6 You acknowledge that PayPal is the payment method for all orders and your current PayPal terms, conditions and fees apply.
6.7 You acknowledge that you are responsible for your setting your default Delivery & Returns Policy which will apply to all of your listed products unless you amend the default policy for any specific product(s). 
6.8 You acknowledge that the Delivery & Return Policy for each product applies at the time of order. Any changes to your Delivery & Return Policy shall only apply to future orders. 
6.9 You warrant that on receipt of payment by PayPal through this website you will deliver the goods or services on or before the advertised delivery date for all orders in accordance with these terms and conditions. 
6.10 You warrant that you will respond to and process quickly all orders. This includes payments received, shipments, completing orders and responding to messages and return requests within 7 days.
6.11 You warrant that should a buyer submit a return request you will acknowledge the request within 7 days and accept or decline the request in accordance with your delivery & returns policy.
6.12 You warrant that should the goods or services not be delivered as described or are more than 7 days late the buyer shall be entitled to request a full refund including any shipping and payment fees.
6.13 You acknowledge that in the event of an unresolved dispute for an order placed and paid through the website by PayPal The Retail Network shall endeavour to investigate and mediate disputes between Buyers and Retailers. In the event that we are unable to assist both parties in agreeing a suitable resolution disputes will be referred to PayPal who will determine the outcome as per the PayPal Buyer Protection and Seller Protection policy.

7. Ordering & Purchasing Products

7.1 You acknowledge that The Retail Network provides the marketplace and that each Retailer is responsible for all aspects of their own product listings, delivery and returns of their goods or services.
7.2 You acknowledge that although The Retail Network is a global marketplace each Retailer controls which countries they sell too and may not deliver to all countries. When browsing products you can filter by Delivers To for products that are delivered to your country.
7.3 You acknowledge that using our currency conversion tool you may view pricing in any of our supported currencies however, The Retail Network is not the provider of exchange rates and is neither responsible nor liable for the accuracy or changes in currency exchange rates.
7.5 You warrant that all orders will be placed though the website with payments processed by PayPal whether payment is made by credit / debit card or a PayPal account. 
7.6 You acknowledge that once you have placed and paid for each order you accept the retailers delivery & returns policy for each product purchased.
7.7 You acknowledge that when you place an order with PayPal as a payment method your current PayPal terms, conditions and fees apply.
7.8 You acknowledge that The Retail Network does not charge any transaction fees or deduct any commission for orders placed.
7.9 You warrant that all queries, return requests or disputes relating to orders will first be sent to the Retailer via the Message feature through your Buyer Account.
7.10 In the event that a product is not delivered as described or is more than 7 days late and you have been unable to reach a resolution with the Retailer you may contact us to investigate and mediate. If we are unable to assist both parties in agreeing a suitable resolution disputes will be referred to PayPal who will determine the outcome as per the PayPal Buyer Protection and Seller Protection policy.  
7.11 You acknowledge that in the event of a dispute for an order placed or paid outside of our website The Retail Network shall not be liable in anyway. 

8. Fees

8.1 Registration is completely free for both Buyers & Retailers.
8.2 We do not charge product listing fees and retailers can list unlimited products at no cost.
8.3 We do not charge commission on sales or transaction fees for orders and payments received through the website.
8.4 We do not charge any fees for buyers to place or return orders through the website.
8.5 Retailers who wish to increase their reach by becoming a Featured Retailer can do so at the following pricing; 1 Month £10, 3 Months £20 or 12 Months £60.
8.6 There are no additional charges or hidden costs for Buyers or Retailers.

9. Intellectual Property Rights

9.1 You acknowledge that we are the owner of this website and own or license all its content.
9.2 You acknowledge that the website and its content is protected by international copyright and intellectual property laws.
9.3 You agree not to replicate, reproduce, distribute, sell or use the content of this site for any other commercial purpose outside the parameters of these terms and conditions unless expressly agreed by us in writing.

10. Liability

10.1 Whilst we endeavour to ensure that the content of this site is genuine and accurate we shall not be liable for any inaccuracies or misrepresentations whether made by us or a third party.
10.2 We shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning. 
10.3 We will endeavour to assist you in maximising the performance of your Retailer profile, however we will not be liable in any way for its performance.
10.4 We shall not be liable for the performance or lack thereof for any advertising through The Retail Network.
10.5 We shall not be liable in any way in the highly unlikely event that data we hold becomes corrupt, lost or stolen.
10.7 We shall not be liable for any consequential loss resulting from a third party product or service sold directly or indirectly through our website.
10.8 We shall not be liable for any failure to deliver on time any goods or services supplied by a third party.
10.9 We shall not be liable in anyway should the website become unavailable for any period of time.

11. Termination

11.1 You may at any time during the term of this contract cancel your profile at no cost by sending us a written request by email or via our contact form.
11.2 We reserve the right to deactivate your profile or advertising without notice or refund in the event that you breach any of the particulars that form these terms and conditions.
11.3 All advertising including but not limited to banners, newsletters, emails shall be for the quantity or term specified on the order and shall cease once complete unless a new order is placed to continue advertising.

12. Force Majeure

12.1 In the event of our being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you.

13. General

13.1 The Customer Contract represents the entire agreement between you and us and supersedes all earlier warranties, representations, statements or agreements (whether oral or in writing) and may only be varied or amended in writing between the parties.
13.2 You may not assign the Customer Contract or any part of it without our prior written consent. We shall be entitled to assign the Customer Contract or any part of it and/or sub-contract the performance of any of our obligations under the Customer Contract to any person, firm or company.
13.3 Subject to Condition 13.2 nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions.
13.4 If any provision of the Customer Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Customer Contract and the remainder of such provision shall continue in full force and effect.
13.5 Failure or delay by us in enforcing or partially enforcing any provision of the Customer Contract will not be construed as a waiver of any of our rights under the Customer Contract and will not be deemed a waiver of any subsequent breach or default by you.
13.6 The formation, existence, construction, performance, validity and all aspects of the Customer Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts. In executing these Terms & Conditions I understand that I am agreeing to be invoiced the cost of the service and am also agreeing to be bound by the above Terms and Conditions.