SEEKD TERMS AND CONDITIONS
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US Who we are. We are Seekd a company registered in England and Wales. Our company registration number is 11030047.
How to contact us. You can contact us by writing to us at email@example.com.
How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
What We Do
WHAT WE DO. Seekd is an online marketplace that showcases quality jewellery and craft products from our Sellers for you, the Buyer, to purchase. GOODS ARE SOLD ON THE UNIQUE TERMS OF EACH SELLER. YOU MUST READ THESE TERMS BEFORE PURCHASING FROM SEEKD AS YOU WILL BE BOUND BY THEM. IF YOU HAVE ANY CONCERNS ABOUT ANY OF THESE POLICIES PLEASE GET IN CONTACT WITH US. THE POLICY OF ANY FEATURED SEEKD SELLER CAN BE FOUND ON THAT SELLER’S PAGE OF THE SEEKD WEBSITE.
OUR PRODUCTS Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements may vary.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.
Purchasing a Product With Seekd
OUR CONTRACT WITH YOU How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that the order confirmation screen is a receipt of order and your order is only deemed to be accepted once Seekd has confirmed your order by email.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
We sell to the UK and the Republic of Ireland. Our website is mainly for the promotion of our products in the UK and the Republic of Ireland. Some of our Sellers accept orders from or deliver to addresses outside the UK and the Republic of Ireland. Please check the policy of the Seller, as seen on the Seller’s page of the Seekd website.
PRICE AND PAYMENT Where to find the price for the product. The price of the product (which will include VAT if appropriate) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see What happens if we got the price wrong for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. In instances where our Sellers are required to charge VAT we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment via Stripe. We take payment during the order process.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
The Terms on Which You Purchase a Product with Seekd
ALL OUR SELLERS HAVE THEIR OWN POLICIES All our Sellers have their own policies. All our Sellers have their own policies for the purchase of goods. These policies can be found on each Seller’s page of the Seekd website. Extended versions of the policies can often be found on the Seller’s own website. Please familiarise yourself with them before purchasing any products through Seekd. If you have any concerns about the policies please contact us.
Who to contact. We recommend that you contact the Seller directly for any issues regarding purchased products. You can do this via the details set out in the Seller’s policy on their page of the Seekd website. However, if you get in contact with us we will pass on your concerns to the Seller.
Standard terms. All our Sellers comply with minimum standard terms. These are stated below.
YOUR RIGHTS TO MAKE CHANGES. If you wish to make a change to the product you have ordered please contact the Seller. The Seller will let you know if the change is possible. If it is possible the Seller will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the Seller cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Your rights to end the contract). SELLERS RIGHTS TO MAKE CHANGES Minor changes to the products. Sellers may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, Sellers may make the described changes to the product, but if Sellers do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Updates to digital content. We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
PROVIDING THE PRODUCTS Delivery costs. The costs of delivery will be as displayed to you on our website.
When the Sellers will provide the products.
(a) If the products are standard goods. If the products are standard goods our Sellers will deliver them to you as described in the Seller’s policy on the Seller’s page of the Seekd website. For all suppliers the minimum requirement is to provide standard goods as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. (b) If the products are custom made goods. Sellers will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process. (c) For digital content, i.e. our newsletter. We will supply the digital content to you until you contact us to opt out. We are not responsible for delays outside our or the Seller’s control. If supply of the products is delayed by an event outside our or the Seller’s control then we, or the Seller, will contact you as soon as possible to let you know and the Seller will take steps to minimise the effect of the delay. Provided the Seller does this they will not be liable for delays caused by the event.
When you become responsible for the goods. A product which is goods will be your responsibility from the time the Seller delivers the product to the address you gave us.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that the Seller can supply the products to you, for example, measurements, personal details. If so, this will have been stated in the description of the products on our website. We, or the Seller, will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see You must compensate us if you break the contract ) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Ending The Contract
YOUR RIGHTS TO END THE CONTRACT You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see If there is a problem with the contract; (b) If you want to end the contract because of something we/the Seller have done or have told you we/the Seller are going to do, see Ending the contract because of something we have done or are going to do; (c) If you have just changed your mind about the product, see Exercising your right to change your mind You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods; (d) In all other cases (if we are not at fault and there is no right to change your mind), see Ending the contract where we are not at fault and there is no right to change your mind. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see More significant changes to the products and these terms); (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the products may be significantly delayed because of events outside our/the Seller’s control; (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or (e)you have a legal right to end the contract because of something we have done wrong. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of custom made products per regulation s28(1)(b), Consumer Contract Relations.
How long do I have to change my mind for standard products? How long you have depends on what you have ordered and which supplier you have ordered it from. All suppliers have their own policies which can be found on the Seller’s page on the Seekd website. The minimum requirement of a supplier is to honour requests made within 14 days of receipt of standard product(s).
Ending the contract where we are not at fault and there is no right to change your mind. Even if we/the Seller are not at fault and you do not have a right to change your mind (see Your rights to make changes), you can still end the contract before it is completed, but you may have to pay us/the Seller compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us/the Seller to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) Tell us you want to end the contract. To end the contract, please let us/the Seller know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to the Seller. You must post the goods back to the Seller at the address stipulated in the Seller’s policy which can be found on the Seller’s page of the Seekd website. You must do this in accordance with their policy, including their time restrictions. At the latest, if you are exercising your right to change your mind you must send off the goods within 14 days of telling us/the Seller you wish to end the contract.
When the Seller will pay the costs of return. The Seller will pay the costs of return if the products are faulty or misdescribed.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return unless the Seller’s policy on the Seller’s page of the Seekd website stipulates otherwise. How the Seller will refund you. The Seller will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, the Seller may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) The Seller may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the Seller refunds you the price paid before the Seller is able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay the Seller an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if the Seller offers delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then the Seller will only refund what you would have paid for the cheaper delivery option. (c) Where the product is a service, the Seller may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us/the Seller you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. When your refund will be made. The Seller will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we/the Seller receive the product back from you or, if earlier, the day on which you provide us/the Seller with evidence that you have sent the product back to the Seller. For information about how to return a product to us, see Returning products after ending the contract. (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. OUR RIGHTS TO END THE CONTRACT We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, i.e. because the payment defaults, and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements, personal details; (c) you do not, within a reasonable time, allow us to deliver the products to you. You must compensate us if you break the contract. If we end the contract in the situations set out in We may end the contract if you break it we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
What To Do If You Have a Problem
IF THERE IS A PROBLEM WITH THE PRODUCT How to tell us about problems. If you have any questions or complaints about the product, please contact us/the Seller. You can write to us at email@example.com or the Seller at the address detailed in their policy that can be found on their page of the Seekd website.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to the Seller.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Your Personal Data
Otber Important Terms
OTHER IMPORTANT TERMS Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.