Accepting our terms
2. Other relevant documents
At Shop Somerset, we aim to bring people together with their local communities, both online and offline, allowing them to purchase goods and services from local shops and producers. To ensure that everyone has a positive experience, we have established specific rules for different user groups:
3. Your Privacy
Both Shop Somerset and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the services of Shop Somerset. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Shop Somerset, will be responsible for that unauthorised disclosure.
If, however, Shop Somerset and sellers are found to be joint data controllers of buyers’ personal information, and if Shop Somerset is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Shop Somerset for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Shop Somerset.
4. Your Account with Shop Somerset
You’ll need to create an account with Shop Somerset to use some of our services. Here are a few rules about accounts with Shop Somerset:
A. You must be 18 years or older to use Shop Somerset. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Shop Somerset. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider limiting a minor's access to material online.
B. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Being clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Shop Somerset.
5. Your Content
Content that you post using Shop Somerset is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using Shop Somerset (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through Shop Somerset, you grant Shop Somerset a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Shop Somerset function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Shop Somerset may offer you or Shop Somerset buyers promotions, from time to time, that may relate to your listings.
C. Rights You Grant Shop Somerset. (Here’s the legalese version of the last section). By posting Your Content, you grant Shop Somerset a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the platform and to promote Shop Somerset, your Shop Somerset shop, in any formats and through any channels, including third-party websites or advertising mediums. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
This is necessary for us to run Shop Somerset. Consider these examples: if you upload a photo of a product on your Shop Somerset shop, we have permission to display it to buyers, and we can feature it - often along with your shop name and shop picture - on our homepage, in one of our blogs or even on a billboard to help promote your business and Shop Somerset’s.
D. Reporting Unauthorised Content. Shop Somerset has respect for intellectual property rights. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Shop Somerset’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Shop Somerset platform in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the platform. This includes any local, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements. This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Shop Somerset, another Shop Somerset user, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to Shop Somerset. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our platform.
Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
C. Don’t Steal Our Code. You agree not to try to reverse engineer or attempt to obtain the source code of the Services.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our platform, for example by distributing a virus or other harmful computer code.
E. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our platform. Any unsolicited ideas or other materials you submit to Shop Somerset (not including Your Content or items you sell through our platform) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
F. Talk to Us Online. From time to time, Shop Somerset will provide you with certain legal information in writing. By using our platform, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You. Buyer and Sellers may terminate their account with Shop Somerset at any time by contacting [email protected]. Termination will be completed within 5 working days. Terminating your account will not affect the availability of some of Your Content that you posted through the platform prior to termination. You’ll still have to pay any outstanding bills even if you terminate.
Termination By Shop Somerset. We may terminate or suspend your account (and any accounts Shop Somerset determines are related to your account) and your access to the platform should we have reason to believe you, your Content, or your use of the platform violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. Generally, Shop Somerset will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Shop Somerset terminate your account, you may lose any information associated with your account, including Your Content.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Shop Somerset does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are listed and sold directly by independent sellers, so Shop Somerset can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Shop Somerset from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Shop Somerset is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
WARRANTIES. Shop Somerset IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Shop Somerset, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL Shop Somerset’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED (£100) BRITISH POUNDS (GBP) OR THE AMOUNT YOU PAID Shop Somerset IN THE PAST TWELVE MONTHS.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Shop Somerset gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Shop Somerset (including any of our volunteers, employees, and directors) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Shop Somerset’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of Shop Somerset. You release Shop Somerset from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Shop Somerset
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms shall be construed in accordance with the laws of England & Wales and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of these Terms shall be subject to the exclusive jurisdiction of the Courts of England & Wales.
B. Arbitration. You and Shop Somerset agree that any dispute or claim arising from or relating to the Terms shall be attempted to be resolved through negotiations between you and Shop Somerset.
If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the you and Shop Somerset will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure decided by Shop Somerset.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if you will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Shop Somerset are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Forum. We’re based in Somerset, so any legal action against Shop Somerset related to our Services must be filed and take place in Somerset, UK.
D. Modifications. If we make any changes to this “Disputes with Shop Somerset” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Shop Somerset prior to the date the changes became effective. Shop Somerset will notify you of substantive changes to the “Disputes with Shop Somerset” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Shop Somerset a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Shop Somerset in accordance with the provisions of this “Disputes with Shop Somerset” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all the policies that make up the Terms, supersede any other agreement between you and Shop Somerset regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at [email protected]