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Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site, including our marketplace and payment processing services;
“Site” refers to our website, www.worldsupermarket.com;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“World Supermarket” refers to our company, known as “WSM LTD”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the phrase is used;
“You” refers to you, the person who is entering into this Agreement with World Supermarket.
World Supermarket is an online e-commerce marketplace which sells both retail and wholesale products. We allow companies to have a shop with us with a profile and sell and display their products to the world. Buyers can register with us then browse and purchase some of the latest or just regular products. The companies establish their own terms and conditions and also publish a description about themselves.
World Supermarket charges a final fee of 10% which PayPal takes from a buyer-to-seller payment and credits to World Supermarket. We send our sellers a monthly statement giving them a breakdown and they receive order information electronically at an e-mail address that they provide to World Supermarket.
World Supermarket uses different platform systems like CSV , API and Linnworks system to manage merchants and other platforms such as Amazon.co.uk and Ali express.com products.
We also market companies’ goods to the right customers and we sell a vast array of products and categories for a wide age range. To achieve this wide varity and to get the best product for our customers we also use affilated schemes. We keep a very high standard both with products and companies that have joined us.
Sellers deal with dispatch and delivery making sure that customers get the best deal. They also do not have to pay for any extra storage costs.
In order to use our Service, you must meet a number of conditions, including but not limited to:
Unless otherwise stated, World Supermarket does not endorse or otherwise vouch for any User. You agree that you transact business with other Users at your own risk and to hold World Supermarket harmless for any liability arising from or relating to your use of our Service.
You must not:
Payment can be made by means of PayPal. Unless otherwise stated, all prices are denominated in pounds sterling.
If you are a seller, you authorize us or our agent to debit any transactions to you by 10% of the gross amount of the transaction, and to remit it to World Supermarket’s or its agent’s PayPal account as consideration for the provision of our services to you.
Additional terms surrounding payment and pricing may be published on our Site and are hereby incorporated into this Agreement by reference.
Where a User conducts a chargeback or PayPal dispute, such User shall be liable to World Supermarket for the full amount of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by World Supermarket in the enforcement of its rights under this section.
Additionally, you agree that both the buyer and seller parties to a transaction which is the subject to a chargeback or PayPal dispute shall be held jointly and severally liable for the payment discussed in this section, as World Supermarket is not in a position to determine the reason for the chargeback or PayPal dispute, or whether such chargeback or PayPal dispute is entered into on purpose by both parties to the transaction for fraudulent purposes.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
World Supermarket must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sub licensable, commercial and non-commercial right to use, distribute, sell, publish, amend and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“World Supermarket” is a trademark used by us, WSM LTD, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification to: [email protected]
You may send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Although we do not accept liability for defamatory words posted on our Site by our Users, we do comply with the law and prohibit defamation under this Agreement and we will, if notified of such conduct, take action against the offending User. Please notify us at [email protected] if any of our Users have posted anything that you believe is defamatory.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A BUYER TO MAKE THE APPROPRIATE PAYMENT TO YOU IF YOU ARE A SELLER, OR OF A SELLER TO RENDER THE REQUIRED GOODS OR SERVICES TO YOU IF YOU ARE A BUYER.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the law of England and Wales. The offer and acceptance of this contract are deemed to have occurred in Poole, Dorset, England.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the United Kingdom. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely using HM Courts & Tribunals Service’s Money Claim Online Service (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, World Supermarket shall have the sole right to elect which provision remains in force.
World Supermarket reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been an amendment. You must read this page each time such an e-mail is sent to you, and you agree that your continued use of our Service shall constitute your acceptance of any such amendments.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about World Supermarket must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected].
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: October 22, 2017
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