Seller Terms & Conditions

By registering to use London Gourmet Club (LGC) website as a seller, you agree to be bound by ALL the terms and conditions of this “Seller Uses Agreement”. Any of the terms and conditions may be modified on occasions. You also agree to follow all the terms and conditions specified in our Seller information sheet.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU CAN NOT USE THE SERVICES LGC PROVIDES.

Contract Commencement Date

You agree that we will start supplying our Services to you as soon as you accept this User Agreement. The Agreement will continue unless and until terminated in accordance with the “User account Termination” requirements.

About LGC ( LGC)

LGC is an e-commerce platform connecting sellers (small British producers and British family-run farms) directly to online buyers.

LGC does not hold any of the products displayed on the website in its possession, and the contract for the sale is made directly between the seller and the buyer.

The information contained in this website is for general information purposes only. The information is provided by LGC, our Sellers, our Users and Third Party partners, while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

LGC reviews all seller content and listings, however can not guarantee the legality, quality and safety of the product listings, which is the direct responsibility of every individual seller.

In order to sign on to the LGC website as either a Seller or a Buyer , you must be over the age of 18 years old.

LGC uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy and cookies policy.

LGC owns and controls all the copyright and other intellectual property rights on the LGC website and the material on LGC website; all the copyright and other intellectual property rights in LGC website and the material on LGC website are reserved.*

Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

Prohibited uses of LGC:

You are prohibited from posting inappropriate, offensive, defamatory , threatening or libellous content unto the LGC website.

You are prohibited to post content that does not belong to you on the LGC website.

You are prohibited to violate the copyright, trademark, patent, database or other intellectual property rights that belong to or are licensed to LGC website or any of the LGC Users. This includes but not limited to republishing, copying, displaying or redistributing ( both offline and on-line) any content that’s displayed on LGC website ( unless you own or control the relevant rights for the material).**

You are prohibited to exploit any of the LGC content for commercial purposes.

You are prohibited to infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services.

You are prohibited to use the LGC website in such way that may damage to the website or impairment of the performance, availability or accessibility of the website.

You are prohibited to use our website in any way that is fraudulent, harmful, illegal or unlawful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

You are Prohibited to use LGC website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, or malicious computer software.

LGC Role We take great care to make sure that all the information on the website is true and accurate, however:

We are not part of the contract between the Seller and the Buyer , we simply facilitate a marketplace where the transition takes place and process the payment on behalf of the buyer.

We do not confirm the identity of website users or check their credit worthiness We do not act as an agent either on behalf of the Seller or the Buyer. We are not responsible to enforce any contractual obligations arising from the sale or purchase. While we help mediate between the Seller and the Buyer if a dispute arises, we are not legally obliged to do so.

SELLERS

All business sellers are bound by the Sale of Goods Act 1979 (as amended). In addition they;

Must have all necessary approvals to manufacture and sell the goods they will be selling on LGC website.

Must ensure that all information on their account is accurate, current, true and not mis-leading in any way.

Are responsible for the accuracy, content and legality of all listings on their account

Are directly responsible for the quality of products in their listings.

Hold the right to change the specification of the products on the LGC website at any time ( with the exclusion of being able to change product prices within an existing order)

Must approve or reject customer orders within 24 hours of the order being placed.

Are prohibited to post misleading, offensive or defamatory communication on the LGC website.

Can not use customer information for any other purpose other than the delivery of the purchased products.

Can not interfere with other seller listings.

Have to specify business location at all times

i) Account Registration:

To register for a business Seller account, you must be operating either as a sole trader ( residing in the UK) , a partnership ( established under the laws of UK) or a limited liability entity ( incorporated under the laws of the UK)

You must complete and submit he account registration form intact, after which you may be asked for additional information regarding the business and will be assessed unbiasedly.

If successful , you will receive a link with log in details to start using your account and uploading product listings.

ii) Website Use:

When Registering for the website you will be asked to choose a User Id and a Password.

You must keep your password confidential at all times. If you become aware of the disclosure of your password, you must contact us immediately on info@lovegourmetclub.com with Email subject of “ Password compromised”.

You will be responsible for any activity on the website that arises from your failure to keep the password confidential and will be held liable for any losses arising from such failure.

iii) Listings:

All listings content are the responsibility of each individual seller. They can be amended at any time at the sellers discretion. When making the listing , the seller guarantees that all listings:

100% British produced.

Do not breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights. They do or give rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

Must be allocated to the appropriate category. If you cannot find an appropriate category for a listing, please contact us

Each photo in the listing corresponds to the products being sold in that listing.

Kept up to date; specifically, you must remove any listings in respect of products that have ceased to be available.

All listings include price, product availability, description and an accurate photo representation.

Prices specified in or in relation to a listing are in pounds Sterling only

All new listing will be approved by the admin within 36 hours from submission

Every product listed on LGC website will be available under the relevant product tub and the Sellers individual page. In addition, LGC may chose to run a variety of seasonal/ promotional campaigns on the home page featuring different products or highlighting individual shops .

We reserve the right to reject, delete or suspend any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on LGC website. We will contact the Seller directly with the necessary changes that must be done before the listing will be reviewed. If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.

iv) Order Once an order has been placed by the Buyer , the Seller must checked whether it is able to meet the buyer's order and either accept or decline the order within 24 hours. To confirm the order, the sellers must also ensure that:

The products in the order are available in stock, if any are missing, the Seller must amend the order before accepting it.

The order can be fully prepared well in advance before the necessary delivery day.

The Seller must assign an order number to each order it accepts and notify the order number to the Customer. The Seller will use the relevant order number in all subsequent correspondence relating to the order.

Once the Seller has confirmed the order, the Seller commits to selling the relevant product to the Buyer.

v) Delivery While LGC will be providing both packing and delivery guideline to ensure a reliable and comfortable delivery process for all parties , it is the sellers responsibility to ensure that:

The Seller uses the correct packaging materials and correct packaging process to ensure the order will remain fresh during the delivery process.

Each delivery of Goods is accompanied by a delivery note that shows the Supplier brand, order number, the type and quantity of Goods, special storage instructions (if any) and, if the relevant Order is being delivered parts, the outstanding balance of Goods remaining to be delivered and estimated dates for delivery.

If the Seller fails to deliver the order by the time and date agreed with the customers; the Seller will be liable to issue a full refund for the order to the customer.

The Supplier shall not be liable for any delay in delivery of any Goods that is caused by a Force Majeure Event; or the Customer's failure to provide the Seller with an adequate delivery instructions or any other instructions that are relevant to the delivery of the order.

vi) Exchanges and Refunds

If the Buyer raises a query with the Seller over the quality of the order - the Seller will receive an email explaining the problem and a photo attached. In case of a faulty or damaged product , The Seller will issue an automatic refund for the product to the Buyer.

vii) Fees: Sellers are responsible to have an active and valid payment method registered with LGC at all times. They must authorise LGC to automatically charge:

Commission: the agreed sales fee per every transaction. we shall deduct commission due from amounts held or processed by us on behalf of the seller

Membership: a monthly membership fee, in accordance to the membership band the seller is in. Please see the Seller information sheet attached.

Chargeback: any customer reimbursement fees which might be applicable during a refund or exchange process initiated by the Buyer .

The fees will be specified to the Seller at the time of signing up to LGC website, the scope and duration of the services in respect to which the fees are payable will be as specified on our website at the time those fees are paid. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT. We hold the right to amend commission rates in the future, but this will not affect any liability to pay commission that accrues before the new rates are introduced.

viii) Tax:

You are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to the sales on the LGC site.

Data Protection privacy

You only receive information which is necessary for the processing of transactions, in particular, the contact information of the Buyer involved in a transaction. You shall comply with their obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation

You shall process personal data received from LGC exclusively for the purpose you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

Your Content

In order to comply with our content regulations, all content including but not limited to text, audio, video, photo that you upload or store on the LGC website, can not be:

Untrue, misleading, Indecent or obscene. Infringe any copyright, moral right, database right, trade mark right, design right or other intellectual property right. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; this include blasphemous, lewd, pornographic, racially abusive , religiously intolerant, any other form of Promote negligent advice or statement.

Incite to commit a crime or consist of any instruction or information that can cause illness, injury or death, or any other loss or damage; cause annoyance, inconvenience or needless anxiety to any person.

If you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete any or all of your content and suspend or cancel your account.

License

During the term of this Agreement, you may use the LGC Materials only for your internal purposes and solely as necessary for your use of the Service.

WHEN PROVIDING LGC WITH CONTENT (including causing content to be posted using our Services) YOU AGREE TO GRANT LGC a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. You also authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

Your content means all information submitted to the LGC website for storage , publication or processing; including but not limited to text, graphics, images, audio material, video material, audio-visual material, scripts, software and files.

Assignment

You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. We may assign or transfer any rights, obligations or privileges that we have under this Agreement to an Affiliate. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.

Thirds Parties

Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.We have no control over third party websites and their contents and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Liability

We do everything that is in our control to keep LGC and its services a secure, safe and functioning online marketplace.Nevertheless we can not guarantee a continuous access and operations on the LGC website.

We will not be liable for any technical, human error or negligence that is not reasonably foreseeable by us and that may cause business losses including but not limited to business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill or private losses due (but not limited to):

Inability to use our services Disruption in our services viruses or other malicious software obtained by accessing, or linking to, our Services glitches, bugs, errors, or inaccuracies of any kind in our Services; Your account being temporarily disabled or blocked due to perceived breach of terms and conditions investigation

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. LGC cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the either the amount of the order and/or the delivery costs for that order. Up to the maximum amount of £100.

Nothing in this User Agreement 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. If you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

User account Termination

You can cancel your account with LGC at any time by sending an email to info@lovegourmetclub.com from your official company email registered with us, with the subject line “ seller account closure” and a short message stating the reason for account closure. It will be closed within 3 working days and the seller will lose all feedback and sale history. We may recoup the cost of any Services provided up to the point of cancellation. Once purchased, membership fees are non-refundable.

Cancellation and suspension of account by LGC

If we believe that the Rules of This User agreement have been violated we will open an active investigation, during which, we hold the right to temporarily suspend buyer /seller accounts. If foul play has been found , LGC holds the right to cancel user account and delete all sale/ purchase history associated with it.

All user accounts must be confirmed within 7 days of creating the account- any unconfirmed accounts will be removed from the system. Additionally, we may remove accounts that have been in-active for a long time, however will make attempts to contact the user before doing so.

Finally , we hold the right to suspend or cancel the account any time in our sole discretion without notice or explanation. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

This Agreement

We reserve the right to withdraw part or all of our service and/or limited all or part of our service to anyone for any reason and/or period of time, at our discretion.

These terms and conditions are available in the English language only.

This Agreement, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in a written document signed by us.

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

We hold the right to change and amend this terms and conditions at any time, all users will be notified if this occurs.We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website

Nothing in these Customer 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.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Our Details

The LGC Website is owned by LGC Limited. We are registered in England and Wales under registration number 12690742, and our registered office is at 71-75 Shelton Street London, WC2H 9JQ You can contact us by info@lovegourmetclub.com

Bar third party copyright material, which is owned and control by third party providers.

* With the exception of our newsletter being allowed to redistribute freely both in print and electronic form.