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Terms & Conditions

The legal bits…

We’re BLOOD IN THE HILLS Marketplace Limited (company number XXXXX), a company registered in England and Wales. Our HQ is at Greater London House, Hampstead Road, London NW1 7FB.

These terms apply when you list items for sale on BLOOD IN THE HILLS Marketplace (https://marketplace.Blood in the Hills.com/) or access our services and websites (our ‘Website(s)’).

They’re important for both of us as they set out what we expect from each other, and they also give you helpful info. Of course, if you need anything else, please get in touch with the team on [email protected].

We keep these terms and any related documents or policies updated and we amend them every so often, so remember to regularly check back as the latest set will apply.

In the event of a significant change to one or more of the clauses in these terms, we will notify you of the change in advance by giving you at least 30 days’ notice, including your right to terminate your account with BLOOD IN THE HILLS Marketplace if you disagree with the revised terms.

If you do not terminate your account with BLOOD IN THE HILLS Marketplace before the date the revised terms become effective, your continued access to or use of the BLOOD IN THE HILLS Marketplace Website will constitute acceptance of the revised terms.

We recommend you print a copy of the terms to keep for your own reference.

Setting up aBLOOD IN THE HILLS Marketplace Boutique

For details on opening an BLOOD IN THE HILLS Marketplace Boutique (a ‘Boutique’) please click here. You may close your Boutique at any time.

You may not transfer or sell your Boutique account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these terms.

By setting up a Boutique you must:

  • be at least 18 years old.
    • have a valid PayPal business account.
    • agree to comply with these terms and the Code of Conduct (details of which are set out below) and
    • keep your account information (including your password) secure at all times.

You are responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality!

BLOOD IN THE HILLS Marketplace reserves the right to refuse service to anyone, including restricting, suspending, or terminating Boutiques that breach these terms or its Code of Conduct.

Selling on BLOOD IN THE HILLS Marketplace

By listing an item for sale on your Boutique, you confirm that the item complies with the Code of Conduct and that you have the right to sell the item.

The price stated in each item listing description must be an accurate representation of the sale.

Boutiques may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items, however Boutiques may not charge excessive shipping fees or otherwise avoid fees.

All sales are final and binding. The Boutique is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days of the order being placed, unless the following exceptional circumstances apply:

  • the buyer fails to meet the terms of the Boutique’s listing such as not providing a valid payment method.
    • the boutique cannot authenticate the buyer’s identity; or
    • the item purchased includes made to order items.

You may issue promotional codes for your Boutique or include certain selected items in your Boutique for promotional purposes only. Promotional codes have no cash value and cannot be exchanged for money or credit.

Please note, BLOOD IN THE HILLS Marketplace does not support the drop shipping business model.

If a Boutique is thought to be running their business as a drop shipper, then we may remove that Boutique from the Website without notice or prior warning.

The placement of products for sale via Boutiques in BLOOD IN THE HILLS Marketplace’s search results may vary and depends on a variety of factors including search parameters and preferences.

For further information into rankings, please see the ‘Our Marketing Channels’ guide provided to you when you open an account.

BLOOD IN THE HILLS Marketplace’s fees and features.

Further information as to the fees charged for Boutiques can be found here (the ‘Fees’). Unless otherwise stated, all Fees are quoted in UK Pounds (GBP).

If Fees are due, we will invoice the Boutique for the amount due that month, which will be taken automatically by BLOOD IN THE HILLS Marketplace from the boutique’s registered PayPal account 2 working days later.

All Fees are inclusive of UK VAT where applicable. In certain circumstances Fees will not be subject to UK VAT but may be subject to taxes under a different jurisdiction.

BLOOD IN THE HILLS Marketplace recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.

A valid VAT identification number is required from EU boutiques who are VAT-registered. EU boutiques are liable to notify BLOOD IN THE HILLS Marketplace of any change in VAT status.

It is your responsibility to ensure that your Boutique stays up to date with all Fees owed to BLOOD IN THE HILLS Marketplace, or your account may be suspended until all outstanding Fees are paid in full.

Please note that, if your Boutique’s product count falls to zero, the Boutique will no longer show on the Website, but the monthly Boutique Fee will still be debited from the boutique owner’s PayPal / Stripe account until the account has been officially closed.

BLOOD IN THE HILLS Marketplace may decrease the Fees charged at any time in its sole discretion, however we will give you at least 30 days’ notice of any Fee increases.

BLOOD IN THE HILLS Marketplace may, at its sole discretion, change some or all of BLOOD IN THE HILLS Marketplace’s services or features (‘Features”) at any time, however you will receive at least 30 days’ written notice of any material changes to the Features, if any such changes require a significant adjustment to the way you use BLOOD IN THE HILLS Marketplace.

If BLOOD IN THE HILLS Marketplace suspends or terminates a listing or your account, if you close your account for any reason, or if the payment of Fees due cannot be completed for any reason, all unpaid Fees for the Boutique will still be payable, all outstanding orders need to be fulfilled and BLOOD IN THE HILLS Marketplace may also apply penalties such as the suspension of privileges, interest and/or legal action.

If you have any questions about Fees, please contact BLOOD IN THE HILLS Marketplace at sell Blood.

Brexit Transition: New rules for 2021 in relation to VAT on overseas goods sold to customers in Great Britain using online marketplaces.

From 1st January 2021, there will be changes to the way that UK VAT is collected at the point of sale on certain marketplace sales. From 1st January 2021 BLOOD IN THE HILLS Marketplace will be responsible for collecting VAT on the sale of goods from overseas into Great Britain if the total value of the consignment is £135 or less.

You will be responsible for calculating the value of the goods that are outside of Great Britain at the point of sale to a customer in Great Britain.

We will update these terms in due course from the point that BLOOD IN THE HILLS will require you to charge and account to BLOOD IN THE HILLS Marketplace for the UK VAT and we will provide you with 30 days’ notice of such change to the terms. For full details of the UK Government guidance please refer to: https://www.gov.uk/guidance/vat-and-overseas-goods-sold-to-customers-in-great-britain-using-online-marketplaces-from-1-january-2021.

BLOOD IN THE HILLS’ Intellectual Property

BLOOD IN THE HILLS Marketplace, and any other BLOOD IN THE HILLS graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of BLOOD IN THE HILLS PLC and its subsidiaries.

You may use the “Find me on BLOOD IN THE HILLS Marketplace” badge to advertise and promote your listings, however BLOOD IN THE HILLS Marketplace reserves the right to ask a Boutique to remove this badge in its sole discretion if it considers the use to be unreasonable or detrimental to BLOOD IN THE HILLS Marketplace.

BLOOD IN THE HILLS Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise (other than the Content posted by you (as set out below) and the tangible items sold on the Website by boutiques) (collectively, the “Material”) to be non-confidential and non-proprietary, and BLOOD IN THE HILLS Marketplace shall not be liable for the disclosure or use of such Material.

If, at BLOOD IN THE HILLS Marketplace’s request, you send Material to improve the Website (for example to customer support), BLOOD IN THE HILLS Marketplace will also consider that Material to be non-confidential and non-proprietary and BLOOD IN THE HILLS Marketplace will not be liable for use or disclosure of the Material. Any communication by you to BLOOD IN THE HILLS Marketplace is subject to these terms.

Your Intellectual Property

You hereby grant BLOOD IN THE HILLS Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database rights and all other intellectual property rights you have in any logos, trademarks, brand names, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on BLOOD IN THE HILLS Marketplace (“Content”), in any media now known or not currently known. You agree to allow BLOOD IN THE HILLS Marketplace to store or re-format your Content on BLOOD IN THE HILLS Marketplace and display your Content on BLOOD IN THE HILLS, BLOOD IN THE HILLS Marketplace, third party comparison sites and digital advertising (including but not limited to use on BLOOD IN THE HILLS Marketplace approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet) in any way as BLOOD IN THE HILLS Marketplace chooses, acting reasonably.

You also grant and agree to grant BLOOD IN THE HILLS Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material on BLOOD IN THE HILLS, BLOOD IN THE HILLS Marketplace, third party comparison sites and digital advertising (including but not limited to use on BLOOD IN THE HILLS Marketplace approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

In addition, you waive all moral rights you have in the Content and the Material to the fullest extent permitted by law.

By uploading Content to BLOOD IN THE HILLS Marketplace you promise that you own and/or have the right to use such Content and that the Content does not infringe any third-party intellectual property rights.

If BLOOD IN THE HILLS Marketplace receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate BLOOD IN THE HILLS Marketplace for any loss suffered.

BLOOD IN THE HILLS Marketplace reserves the right to remove any such Content immediately upon receipt of a complaint.

By posting Content on BLOOD IN THE HILLS Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold BLOOD IN THE HILLS Marketplace harmless for any dispute concerning this use.

If you choose to display your own BLOOD IN THE HILLS Marketplace-hosted image on another website, the image must provide a link back to its listing page on BLOOD IN THE HILLS Marketplace.

Code of Conduct

When you set up a Boutique you agree to comply with the terms, all applicable local laws regarding online conduct and this Code of Conduct which includes the following BLOOD IN THE HILLS Marketplace policies which may be updated from time to time:

You are solely responsible for your conduct and activities on your Boutique. Your Boutique and your use of BLOOD IN THE HILLS Marketplace must not:

  • be false, inaccurate, or misleading.
    • be fraudulent or involve the sale of illegal, counterfeit, or stolen items.
    • contain items that have been identified as hazardous to consumers.
    • include the sale or offer for sale of promotional codes for a Boutique or any BLOOD IN THE HILLS Website
    • list any item on BLOOD IN THE HILLS Marketplace (or conclude any transaction that was initiated using BLOOD IN THE HILLS Marketplace’s service) that, by paying to BLOOD IN THE HILLS Marketplace a commission fee, could cause BLOOD IN THE HILLS Marketplace to violate any applicable law, statute, ordinance, or regulation, or that violates these terms, including any bribery regulations.
    • be obscene, defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BLOOD IN THE HILLS Marketplace staff or other users)
    • modify, adapt, or hack BLOOD IN THE HILLS Marketplace or modify another website to falsely imply that it is associated with BLOOD IN THE HILLS Marketplace
    • link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under these Terms or other policy documents as posted on BLOOD IN THE HILLS Marketplace

We know it’s obvious, but you must not misuse or tamper with our website or other services (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data.

Doing any of these things may be a criminal offence, but they also get in the way of us giving our loyal BLOOD IN THE HILLS customers the best service, so we take them really seriously.

BLOOD IN THE HILLS will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.

We recommend you use virus protection software when using any website, including ours.

Although we have a dedicated team who work hard to stop people messing with our website, we can’t guarantee that it will always be secure from bugs, viruses or troublemakers.

Oh, and you’re not allowed to use automated systems or software to extract data from our Website (AKA ‘screen scraping’).

Troublemakers take note: you agree to indemnify, defend, and hold harmless BLOOD IN THE HILLS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.

Linking to this Website

It’s fine for you to link to marketplace. Blood in the Hills.com, as long as you do so in a way that is not commercial, is fair and legal, and doesn’t damage or take advantage of our reputation.

Please don’t link in a way that suggests any form of approval or endorsement by BLOOD IN THE HILLS where none exists.

Our website must not be framed on any other site without our permission.

Interactions with customers & other boutiques

You are solely responsible for how you interact with other users (whether customers or other boutique owners (“Users”)) on the Website.

You understand that BLOOD IN THE HILLS Marketplace does not in any way screen its Users and all Users agree to exercise caution and good judgment in all interactions with others.

Without limiting any other remedies, BLOOD IN THE HILLS Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn BLOOD IN THE HILLS Marketplace’s community of a User’s actions, issue a warning to a User, temporarily suspend a Boutique, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a User if any of the following apply:

  • BLOOD IN THE HILLS Marketplace suspects a User has breached these terms or other policy documents and community guidelines incorporated herein.
    • BLOOD IN THE HILLS Marketplace is unable to verify or authenticate any of your personal information or Content; and/or
    • BLOOD IN THE HILLS Marketplace believes that a User is acting inconsistently with the letter or spirit of BLOOD IN THE HILLS Marketplace’s Code of Conduct and/or these terms, has engaged in improper or fraudulent activity in connection with BLOOD IN THE HILLS Marketplace or the actions may cause legal liability or financial loss to BLOOD IN THE HILLS Marketplace’s users or to BLOOD IN THE HILLS Marketplace.

Messaging is your way to communicate privately with other Users. Messages are primarily intended for communicating about transactions and orders that are underway. You must not:

  • use messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”.
    • pass on email addresses or any other information on to third parties.
    • spam other boutiques in order to ask them to ‘follow’ your own boutiques.
    • use messages to knowingly harass, threaten, blackmail, or abuse another User.
    • use messages to interfere with a transaction, including:
      • contacting a User to buy or sell an item listed on BLOOD IN THE HILLS Marketplace outside of the BLOOD IN THE HILLS Website (i.e., fee avoidance); or
      • communicating with a User involved in an active or completed transaction to warn the User away from a particular buyer, boutique, or item.

Please note as an anti-spam measure, sending too many messages too quickly may auto-disable your account. Please contact the Marketplace Team who will review account activity and enable your account if spam-free.

Your Information

Except as detailed below, BLOOD IN THE HILLS Marketplace will only use personal information in accordance with the BLOOD IN THE HILLS Privacy Notice.

How we use the Personal Details you provide when your register your Boutique.

This information includes your Boutique name, Boutique contact number, other website links and/or store names that you sell on, your social media accounts, and your Boutique background information.

WHAT WE DOWHY WE DO ITWHY WE NEED TO DO IT (THE LEGAL STUFF!)
Identify you when you visit our website or contact usChecking your identity helps us to keep your information safe from fraudstersLegally, we have to do this, and it is also important for us
Manage your BLOOD IN THE HILLS Marketplace Boutique account in accordance with our Marketplace Terms and ConditionsWe may need to contact you about your account, and we will need to respond to you when you contact usLegally, we have to do this, it’s an important part of our contract commitment to you.
Send you account and service updates, such as updates to our Marketplace Terms and ConditionsTo keep you informed of any changes to BLOOD IN THE HILLS Marketplace servicesLegally, we have to do this, it’s an important part of our contract commitment to you.
Manage your participation in any Marketplace promotionsTo ensure you receive the services you have asked forWe will treat this as an important contract commitment to you if you choose to participate

Your rights in relation to your personal information and details of the information we share with third parties are listed in the BLOOD IN THE HILLS Privacy Notice.

As part of a transaction, you may obtain personal information, including email addresses and shipping information, from a User. Without obtaining prior permission from the User, this personal information shall only be used for that transaction or for BLOOD IN THE HILLS Marketplace-related communications regarding the transaction.

Without obtaining consent from the User, you shall not add the User to your marketing or mailing list.

BLOOD IN THE HILLS Marketplace Disputes

In the event that a Boutique wishes to make a complaint against BLOOD IN THE HILLS Marketplace concerning the Website or the services provided by BLOOD IN THE HILLS Marketplace, the Boutique owner can contact [email protected] Hills.com.

If BLOOD IN THE HILLS Marketplace is unable to resolve your complaint to your satisfaction, you may refer your complaint to:

Any dispute arising from or relating to the subject matter of these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Use of the Website is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

For transactions completed by PayPal, BLOOD IN THE HILLS Marketplace will not make judgements regarding legal issues or claims, and all disputes related to financial transactions will ultimately be determined by PayPal.

For transactions completed by Stripe, BLOOD IN THE HILLS Marketplace will not make judgements regarding legal issues or claims.

BLOOD IN THE HILLS Marketplace will only intervene when a boutique does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.

Liability limit

You will not hold BLOOD IN THE HILLS Marketplace responsible for any loss you may incur as a result of BLOOD IN THE HILLS Marketplace taking any of the actions described in the Terms of Use, Privacy Policy, or Intellectual Property Policy above nor for other Users’ actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items.

Should you have a dispute with one or more Users, or an outside party, you release BLOOD IN THE HILLS Marketplace (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with such disputes.

In no event shall BLOOD IN THE HILLS Marketplace, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, BLOOD IN THE HILLS Marketplace’s services, or these terms, including without limitation, lost profits, emotional distress, or any special, incidental or consequential damages.

BLOOD IN THE HILLS Marketplace’s liability, and (as applicable) the liability of BLOOD IN THE HILLS Marketplace’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to BLOOD IN THE HILLS Marketplace in the 12 months prior to the action giving rise to liability, or (b) £100.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in these terms 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.

Indemnity

You agree to indemnify and hold BLOOD IN THE HILLS Marketplace and (as applicable) BLOOD IN THE HILLS Marketplace’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

Legal stuff

By using BLOOD IN THE HILLS Marketplace, you agree to comply with all applicable domestic and international laws and regulations regarding your use of the Website and any of the Website’s Features including the listing and sale of items via a Boutique.

These terms and our dealings with you are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.