TERMS OF USE FOR SELLERS

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website and services offered by JO & GYM Limited (“JO&GYM”). The Agreement sets out the legally binding terms and conditions for your use of the website joandgym.co.uk  (the “Site”) and all services provided by JO&GYM 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, brands, customers, contributors of content, information and other materials or services on the Site.

These terms of use apply to those listing and selling product through the the site.

WHAT IS JO&GYM?

The ethos of JO&GYM is to provide an eCommerce platform to support emerging and established activewear and active accessory businesses. JO&GYM is a consumer website which provides a platform for brands selling their own label.

JO&GYM meets the needs of the active lifestyle lover by providing a place to discover unique brands and original products from sellers. We reserve the right to remove sellers that do not adhere to this framework or our code of conduct as described in these Terms of Use at any time.

JO&GYM champions sellers that physically own their stock and take their own product imagery for JO&GYM. The JO&GYM team reserve the right to remove any listing which does not meet this criteria and we may take reasonable steps to verify this at any time which you agree to facilitate upon request.

JO&GYM IS A MARKETPLACE

JO&GYM acts as a marketplace platform. Users must comply with this agreement. JO&GYM is not directly involved in the transactions between buyers and sellers nor form part of any agreement between the parties. Our responsibility extends to facilitating the marketplace alone. Although we take reasonable steps to verify that the products sold on our marketplace are suitable, JO&GYM shall not be liable nor take any responsibility for the quality or safety of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell or deliver the items or the ability of buyers to pay for items.

JO&GYM cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, JO&GYM cannot and does not transfer legal ownership of items from the seller to the buyer. JO&GYM does not have control over the actions of our users and any agreement they enter into with each other does not form part of any agreement they have with JO&GYM and JO&GYM shall not be party to any such agreement.

JO&GYM cannot guarantee the true identity, age, and nationality of a user and strongly advises that you do not arrange to meet users from the Site in person.

You agree that JO&GYM is an online marketplace and as such is not responsible, does not moderate and will not be held liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on JO&GYM. You use the JO&GYM service on an “as-is” basis and at your own risk.

  1. MEMBERSHIP ELIGIBILITY (ACCOUNT REGISTRATION)

Age: JO&GYM’s services must only be used by individuals who are 18 years or older and who are capable of forming legally binding contracts under the applicable law. By using this site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. JO&GYM may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you.

Users can create accounts based on their role within the marketplace; ‘Buyers’ and ‘Sellers’

Seller accounts will need to be verified by the JO&GYM team.  As a seller you will have access to the Brand Dashboard, the portal that should be used for interaction with the site.

To create an account Sellers will need to provide;

  • Email address
  • Password
  • Account holder details
  • Shop name and URL for the site
  • Telephone number
  • Payment details

Please refer to our Privacy Policy to find out more about how we store, manage and use your data.

Password: Keep your password secure. Any damage you might suffer due to your failure to keep your password safe and secure, shall be your responsibility and JO&GYM shall not be liable for any damage or losses, consequential or otherwise.  You agree to immediately notify JO&GYM of any unauthorised use of your password or any breach of security that you suspect or have suffered. You further agree that JO&GYM shall not be liable and you shall hold JO&GYM harmless for and against any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party.

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 JO&GYM you must provide and maintain a valid bank account and postal address. You agree to provide us with any additional information that is required in order to verify your account details upon request and you understand that failure to provide such information may affect your ability to transact on the site.

Account Transfer: You must not transfer or sell your JO&GYM account and 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 this Agreement. Failure to adhere to this clause will result in an immediate termination of your agreement with us under these Terms of Use and your account shall be removed from the site without notification.

Account Ownership: Sellers must only hold and operate one active selling account at any one time. If a secondary account is required then the Seller must request prior written permission from JO&GYM. JO&GYM reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.

Feedback: JO&GYM takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not permissible. This includes feedback from a related account and / or offering incentives/bribes in return for specific feedback. The JO&GYM team reserve the right to remove any feedback which it suspects has been posted as a result of such incentive or bribery and reserves the right to remove the seller account to which it relates.

Right to Refuse Service: JO&GYM reserves the right to refuse service to anyone at any time. JO&GYM’s services shall not be made available to temporarily or indefinitely suspended JO&GYM members. JO&GYM reserves the right, in JO&GYM’s sole discretion, to cancel unconfirmed or inactive accounts without notice.

Launch within 30 Days: If your application to become a seller on JO&GYM is approved, you must launch your brand within 30 days of JO&GYM verifying your account. Failure to do so will result in your account being deemed inactive and possibly removed. If you wish to launch your brand after this time you will need to re-apply and start the application process again regardless of previous application success. JO&GYM shall not be liable for any losses or damage caused on the basis in this regard.

Interactions with other users: Users are solely responsible for interactions with others. Users understand that JO&GYM does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others.

Though we may assist with certain practical issues on behalf of sellers and buyers, we do not have any contractual, legal or other obligation towards Buyers regarding any Product sold on the Site by a third party Seller.

2. FEES AND SERVICES

Sellers can set-up and list products on the site free of charge and will only be charged a commission fee of 20% on all products sold.

Payment is made to sellers from JO&GYM bi-monthly for all orders past the consumer returns window or as otherwise agreed between us and the Seller in writing, unless a buyer requests a refund or item return. If a buyers requests that an item is returned or refunded  JO&GYM will hold the funds until the return request has been completed either by returning funds to the buyer or to the Seller if the return did not meet the returns policy criteria.

Additional services such as commercial marketing fees are agreed on a case by case basis and shall form part of a separate agreement between us and the Seller.

Buyers warrant that all information provided through the site is genuine and in doing so they declare they are authorised to make payments for any purchases they commit to.

JO&GYM charges a percentage of the sale price when the item sells. Changes to the Features & Fees for JO&GYM’s services are effective after JO&GYM provides you with at least thirty (30) days’ notice by posting the changes on the Site. You will have a right to reject the changes, however, this may mean that you will no longer be able to transact on the site and your agreement with us will be terminated. 

A seller account can be closed or downgraded at any time and it is the responsibility of the account owner to manually terminate their seller status.

All fees must be shown inclusive of VAT or other taxes (including taxes applicable outside the UK where the Seller is based internationally) where applicable. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers must notify JO&GYM of any change in VAT or equivalent tax status.

3. LISTING AND SELLING

Listing Description: By listing an item on the Site you warrant that the item is in stock in all variants listed, can be dispatched within the seller’s shipping terms as displayed in their account settings and that you and all aspects of the item(s) comply with JO&GYM’s published policies. You also warrant that you have all rights by law to sell the item and that you are not infringing any third party agreements, intellectual property rights or other legal or contractual obligations that are conferred upon you. You must accurately describe your item and all terms of sale in your listing and ensure that these are made visible to buyers prior to them committing to the purchase. Any notices made to the buyer after the sale is made, shall not be valid and the purchase agreed to may be voidable. Your listings must only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once. All items in that listing may only have minor variations between them and must be attributable to the hand-finishing process, where applicable. This must be clearly stated in the listing in a transparent way.

Binding Sale: All sales are binding upon buyer and seller. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days or as otherwise agreed between the buyer and seller in writing, 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 seller cannot authenticate the buyer’s identity. The buyer is obligated to make appropriate payment for items purchased, unless there is an exceptional circumstance which the seller has been made aware of and agreed to extend the payment period in writing.

Fee Avoidance: The price stated in each item listing description must be accurate. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items, such costs to be communicated to the buyer before the purchase is agreed to. You may not alter the item’s price after a sale, misrepresent the item’s location, or use another user’s account without permission.

Transactions outside the site: Sellers must not allow or encourage buyers to purchase an item listed on JO&GYM outside of the JO&GYM site, such as directly through PayPal, other third-party providers or directly through the seller. Buyers agree that they shall report any such encouragement by a Seller to JO&GYM immediately. Sellers agree that they shall report any such request made by a Buyer to JO&GYM immediately. Breach of this term or any part of it shall constitute a material breach and JO&GYM reserves the right to terminate your agreement with them and remove your account from the site.

4. PROHIBITED, IMMORAL OR ILLEGAL ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and relating to JO&GYM and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on JO&GYM.

Restricted Activities: Your Content and your use of JO&GYM:

  1. Must not be false, inaccurate or misleading
  2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, data protection, unfair competition, anti-discrimination or false advertising)
  5. Must not contain items that have been identified as hazardous to consumers
  6. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including JO&GYM staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Must not be obscene
  8. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  9. Must not modify, adapt or hack JO&GYM or modify another website so as to falsely imply that it is associated with JO&GYM;
  10. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on JO&GYM.

Furthermore, you must not list any item on JO&GYM (or conclude any transaction that was initiated using JO&GYM’s service) that, by paying to JO&GYM a commission fee, could cause JO&GYM to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

5. CONTENT

License: JO&GYM does not claim ownership rights in your Content. You agree to allow JO&GYM to store or re-format your Content on JO&GYM and display your Content on JO&GYM in any way as JO&GYM chooses. JO&GYM will only use personal information in accordance with JO&GYM’s Privacy Policy.

By uploading Content to JO&GYM you warrant 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 JO&GYM receives a complaint in respect of any Content posted by you we shall notify you of this and ask that you remove it immediately if we agree with the complainant. It shall be your sole responsibility to deal with such a complaint and remove or modify the content in question as soon as possible. You agree to compensate JO&GYM for any loss suffered and / or hold JO&GYM harmless for any loss or damage caused by such content. JO&GYM reserves the right to remove any such Content immediately and may remove your account without notice.

As part of a transaction, you may obtain personal information, such as shipping information, from another JO&GYM user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for JO&GYM-related communications and in any case, in accordance with the principles as set out in our Privacy Policy, which you must adhere to.

You must not use any personal information you obtain through the JO&GYM platform for any unsolicited commercial or marketing messages.

By uploading images to JO&GYM, you agree that JO&GYM has the right to use your images to promote JO&GYM and/or your store in any external press as well as across the site and JO&GYM social media channels.

Re-Posting Content: You understand that by posting Content on JO&GYM you are entering such content into the public domain and as such, it is possible for an outside website or third party to re-post or re-use that Content. JO&GYM shall not be held liable for any such use  or other unlawful use of your content by a third part and you agree to hold us harmless against any claims related to such acts.

6. RETURNS & REFUNDS

If a buyer cancels a Contract between them and a seller within the 14-day cooling-off period, any refund will be processed as soon as possible and, in any case, within 5-7 days after the day on which the seller receives the Product(s) back. JO&GYM will refund the price paid in full (subject to any deduction we and/or the seller are entitled to make due to the buyer’s use of or damage to the Product(s)), including the cost of standard delivery.

Refunds are made using the same method originally used by the buyer to pay for the item, unless agreed otherwise between the parties in writing.

Sellers must notify JO&GYM within 24 hours of receipt of a returned item to approve the processing of a refund or evidence as to why the item does not meet the return criteria laid out on the site.

7. INFORMATION CONTROL

JO&GYM does not control the Content provided by users that is made available on JO&GYM. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence. Please use caution, common sense, and practice safe buying and selling when using JO&GYM.

8. JURISDICTION, RESOLUTION OF DISPUTES AND RELEASE

In the event that you wish you make a complaint about the site or any of its users, please contact JO&GYM via email at [email protected]

These Terms of Use and any matters that may arise in connection with these shall be governed by and construed in accordance with the laws of England and Wales.

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 one or more users, or an outside party, you release JO&GYM (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.

JO&GYM, for the benefit of users, may try to help users resolve disputes, at their request. JO&GYM 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 JO&GYM 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: JO&GYM 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: JO&GYM will not make judgements regarding legal issues or claims. JO&GYM will only intervene when a seller does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.

9. JO&GYM’S INTELLECTUAL PROPERTY

JO&GYM, and other JO&GYM graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of JO&GYM Ltd and its subsidiaries. JO&GYM’s copyright, trademarks, service marks, logos, business name, domain name, 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.

10. BREACH

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

  • JO&GYM suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • JO&GYM is unable to verify or authenticate any of your personal information or Content
  • JO&GYM believes that a user is acting inconsistently with the letter or spirit of JO&GYM’s policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with JO&GYM or the actions may cause legal liability or financial loss to JO&GYM’s users or to JO&GYM.
  • For any reason that JO&GYM deems appropriate, without limitation.

11. PRIVACY

Except as provided in JO&GYM’s Privacy Policy JO&GYM will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

12. NO WARRANTY

JO&GYM, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE JO&GYM’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. JO&GYM, 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 JO&GYM SHALL CREATE ANY WARRANTY.

13. LIABILITY LIMIT

Limitation of Liability

We do not guarantee the accuracy of material on our site or the materials uploaded by our users, and you are responsible for the way you use its content.

We shall not limit or exclude our liability for:

  • death or personal injury;
  • fraud or fraudulent misrepresentation; or
  • any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

  • loss of profit;
  • loss of goodwill;
  • loss of savings; or
  • loss of contract.

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute.

Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

14. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD JO&GYM AND (AS APPLICABLE) JO&GYM’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.

15. NO GUARANTEE

JO&GYM does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside JO&GYM’s control or otherwise.

16. LEGAL COMPLIANCE AND TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any JO&GYM 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.

17. SEVERABILITY

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

18. NO AGENCY

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

19. JO&GYM SERVICE

JO&GYM reserves the right to modify or terminate the JO&GYM service for any reason, without notice, at any time. JO&GYM reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If JO&GYM makes a material change JO&GYM will notify you here, by email, by means of a notice on our home page, or other places JO&GYM deems appropriate. What constitutes a “material change” will be determined at JO&GYM’s sole discretion, in good faith, and using common sense and reasonable judgment.

20. COMPUTER OFFENCES

If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.

You must not try to obtain access to our server or any connected database or make any ‘attack’ on the site.

DISCLOSURES

The services hereunder are offered by JO&GYM Limited, registered at 8 Canterbury Gardens, Farnborough Hampshire GU14 6ST.