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COCO MARKET TERMS OF USE

TERMS OF USE

 

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by COCONAUTICAL Limited (“COCO Market”).

The Agreement sets out the legally binding terms and conditions for your use of the website at COCONAUTICAL.com (the "Site") and all services provided by COCO Market on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

 

This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

 

If you have any questions, please contact hello@coconautical.com.

 

WHAT IS THE COCO MARKET?

 

The ethos of COCO Market is to provide a platform to support emerging and established boutique businesses and brands. COCONAUTICAL.com is a fashion website which provides a platform for brands which are small businesses selling their own label or multi brands.

The Site meets the needs of over 30,000 global customer and buyers by providing a place to discover unique brands and fashion from new designers. We reserve the right to remove brands that do not fall within this framework at any time.

The COCO Market supports independent labels and small businesses and multi-brand boutiques that may possibly have their own store and are looking to diversify their selling options.

The COCO Market champions sellers that physically own their stock and take their own pictures for the Market, COCO Market is a drop shipping business model and may choose to purchase wholesale stock from select brands dependent on its sales performance on the Market.

The COCONAUTICAL Team reserve the right to remove any listing that they feel does not meet the above criteria.

 

COCO MARKET AS A VENUE

 

COCO Market acts as a venue to allow brands and designer, who comply with this agreement to feature their products to the Site’s audience. COCO Market’s policies to offer sell and buy certain fashion goods within a fixed-price format.

As a venue, the Market’s involvement is limited to correspondence of transactions between the customer and vendor and vice versa. As a result, COCO Market has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. COCO Market cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, COCO Market cannot and does not transfer legal ownership of items from the seller to the buyer.

You agree that COCO Market is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links submitted to COCONAUTICAL.com.

 

BRAND ELIGIBILITY

COCO Market services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. 

 

You represent and warrant that you are at least 18 years old and that all application information you submit is accurate and truthful. 

 

COCO Market may, in its sole discretion, refuse to offer access to or listing on the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by COCO Market's policies as stated in this Agreement and listed below (if applicable to your activities on or listing of your products on the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by COCO Market, each of which is incorporated herein by reference and each of which may be updated by COCO Market from time to time without notice to you:

 

In addition, some services offered through the Site may be subject to additional terms and conditions published by the COCO Market from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on COCO Market you must provide and maintain a valid PayPal business account and postal address.

 

Right to Refuse Service: COCO Market reserves the right to refuse service to anyone at any time. COCO Market reserves the right, in COCO Market's sole discretion, to cancel unconfirmed or unresponsive account holders.

  

FEES AND SERVICES

 

COCO Market brand listings are charged at a monthly subscription fee. COCO Market also charges a small percentage of the sale price when the item sells to cover administrational costs. 

COCO Market's Features and Fees are subject to change, are incorporated into this Agreement by reference.

 

Increase to the Features & Fees for COCO Market's services are effective after COCO Market provides you with at least thirty (30) days' notice by email and posting the changes on the Site.

 

COCO Market may, at its sole discretion, change some or all of COCO Market's services at any time. In the event COCO Market introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in UK Pounds (GBP).

 

Brand accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. Commission on orders is deducted at point of sale. In the event that a brand’s product count falls to zero or is sold out their brand storefront will no longer show on site until the inventory is updated, the monthly Boutique fee will still be direct debited or paid monthly by the designer.

 

A brand account can be closed or downgraded at any time and it is the responsibility of the account owner to send a notice of termination to their account manager and email hello@coconautical.com.

 

You are responsible for paying all fees and applicable taxes associated with using COCO Market. COCO Market keeps accepted payment information in accordance with its Privacy Policy.

 

If fees are due to COCO Market then we will invoice the seller for the amount due that month. The amount will be taken automatically by COCO Market from the brand’s registered PayPal account 2 working days later. Commission on orders will be deducted at point of sale.

All fees are inclusive of UK VAT where applicable. In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country.

COCO Market 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 brands who are VAT-registered. EU brands are liable to notify COCO Market of any change in VAT status.

 

Fees and Termination: If COCO Market terminates a listing or your account, if you close your account, or if the payment of your COCO Market subscription fees cannot be completed for any reason, you remain obligated to pay COCO Market for all unpaid fees or commissions, if applicable within thirty (30) days starting from the date on which the order was received. If the brand’s account is not paid in full, the brand may risks penalties such as legal action.

 

If you have a question or wish to dispute a charge, contact hello@coconautical.com.

 

LISTING AND SELLING

 

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with COCO Market's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale when you provide your listing. 

 

Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. The COCO Market integration team will list all items in an appropriate category with appropriate tags. We recommend that all brands they check and confirm the content, specifications, product type, text, prices, categories and inventory of each item once listed and inform their account manager in the event of any error. Brands are responsible for keeping their manager updated of any changes to inventory or products.

 

Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the Site cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance.

 

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Brands must consider include and charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Brands may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding COCO Market transaction fees.

 

Brands may not encourage buyers to purchase an item listed on COCO Market outside of the COCO Market site, such as directly through PayPal or other third-party providers including the brand's own site. This may also constitute fee avoidance.

 

Promotional Codes: Brands may submit promotional codes for promotional purposes to their account managers to be used on the Site. These are to be used against purchases from the brand’s items only. Promotional codes have no cash value and cannot be exchanged for money or credit. 

 

If a Seller would like to use the “SHOP me on COCO Market” badge to advertise and promote their listing on COCO Market please contact your account manager for more information.

 

CONTENT

 

License: COCO Market does not claim ownership rights in your Content. You grant COCO Market a license solely to enable COCO Market to sell products on your behalf on the venue. Any information or Content you supply COCO Market is not violating any rights you might have in that Content. You grant COCO Market a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow COCO Market to store or re-format your Content on COCO Market and display your Content on COCO Market in any way as COCO Market chooses for the purpose of promotion. 

 

By listing products and Content to COCO Market you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that COCO Market receives a complaint in respect of any Content submitted by you the content will be immediately removed and your account suspended. You also agree to compensate the Site for any loss suffered.

As part of a transaction, you may obtain personal information, including email address and shipping information. This personal information shall only be used for that transaction and may not be used to transfer the sale directly to your own site. This would be considered fee avoidance and may be subject to legal action.

By submitting images to COCO Market, you agree that COCO Market has the right to use your images to promote COCO Market and/or your brand on the Market in any external press as well as across all COCONAUTICAL social media channels.

Re-Posting Content: By posting Content on COCO Market, it is possible for an outside website or a third party to re-post that Content. You agree to hold COCO Market harmless for any dispute concerning this use.

 

You hereby grant and agree to grant COCO Market, 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 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.

 

RESOLUTION OF DISPUTES AND RELEASE

 

In the event a dispute arises between you and a COCO Market customer, please contact your account manager or email us at hello@coconautical.com

 

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

 

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

 

Should you have a dispute with a customer or retail outlet you release COCO Market (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.

 

COCO Market, for the benefit of users, may try to help users resolve disputes between buyers and brands, at their request. COCO Market does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that COCO Market attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

For transactions completed by PayPal: COCO Market 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 GO CARDLESS: COCO Market will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by GO CARDLESS.

 

INTELLECTUAL PROPERTY

 

COCO Market, and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of COCONAUTICAL LTD. and its subsidiaries. COCO Market's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

PRIVACY

 

Except as provided in COCO Market's Privacy Policy COCO Market will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

 

NO WARRANTY

 

COCO MARKET, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE COCO MARKET'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COCO MARKET, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COCO MARKET SHALL CREATE ANY WARRANTY.

 

LIABILITY LIMIT

 

IN NO EVENT SHALL COCO MARKET, 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 SITE, COCO MARKET'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

COCO MARKET'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF COCO MARKET'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 COCO MARKET IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) £100.

 

INDEMNITY

 

YOU AGREE TO INDEMNIFY AND HOLD THE COCO MARKET AND (AS APPLICABLE) COCONAUTICAL’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 THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

NO GUARANTEE

 

COCO Market does not guarantee sales of any products on the Site. We maintain reasonable involvement for the promotion of each brand and rely on effective communication of inventory, images and information to allow successful transactions.

LEGAL COMPLIANCE AND TAXES

 

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any COCO Market service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

 

SEVERABILITY

 

If any provision of this Agreement is held unenforceable, then such provision will be modified and agreed to reflect the parties' intention in writing. All remaining provisions of this Agreement shall remain in full force and effect.

 

NO AGENCY

 

You and COCONAUTICAL or COCO Market are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

THE COCO MARKET SERVICE

 

COCO Market reserves the right to modify or terminate the COCO Market service for any reason, without notice, at any time. COCO Market reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If COCO Market makes a material change COCO Market will notify you here, by email. What constitutes a "material change" will be determined at COCO Market's sole discretion, in good faith, and using common sense and reasonable judgment.

 

CHOICE OF LAW

 

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

 

SURVIVAL

 

Sections What is COCO Market Is A Venue, Brand Eligibility, Fees And Services, Listing And Selling, Content, Intellectual Property, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, COCO Market Service, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

 

NOTICES

 

Except as explicitly stated otherwise, any notices shall be given by post to COCONAUTICAL LTD;  LULLINGSTONE LANE, LONDON SE13 6UH, in your case, to the email address you provide to COCONAUTICAL (either during the application process or when your email address changes). Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, COCO Market may give you notice by post to the address provided to COCO Market. In such case, notice shall be deemed given three days after the date of posting.

Please note that COCO Market will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.

For issues with intellectual property, please provide the notice as specified in COCO Market's Copyright Policy.

 

DISCLOSURES

 

The services hereunder are offered by COCONAUTICAL Limited, located at Lullingstone Lane, London SE13 6UH

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