Here you will find

Our Terms of Use which govern use of our website;

Our Buyer Terms which govern our sales.

TERMS OF USE

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.LOOLYN.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to Our Terms for Buyers (below) for more information.

1.            Definitions and Interpretation

1.1          In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Buyer” means a User who makes a purchase on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Marketplace” means Our platform for Buyers and Sellers on Our Site;
“Seller” means a User who sells on Our Marketplace;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means LOOLYN, a limited company registered in Northern Ireland under company number NI665590, whose registered address is 77 Ardmore Heights, Holywood BT180PY
   
   

2.            Information About Us

2.1          Our Site is owned and operated by LOOLYN Ltd, a limited company registered in Northern Ireland under company number NI665590, whose registered address is 77 Ardmore Heights, Holywood BT180PY

2.2           and whose main trading address is 77 Ardmore Heights, Holywood BT180PY

3.            Access to Our Site

3.1          Access to Our Site is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our Terms for Buyers, and Our Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.            Accounts

4.1          Certain parts of Our Site (including the ability to buy and sell through the Marketplace) require an Account in order to use them.

4.2          You may not create an Account if you are under 18 years of age.

4.3          When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4          We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols

4.5          It is your responsibility to keep your password safe. You must not share your Account with anyone else.

4.6          If you believe your Account is being used without your permission, please contact Us immediately at hello@LOOLYN.com. We will not be liable for any unauthorised use of your Account.

4.7          You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.8          All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.9          If you wish to delete your Account, you may do so at any time by emailing hello@LOOLYN.com. If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site (where applicable. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access).

5.            Intellectual Property Rights and Use of Our Site

5.1          With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2          Subject to sub-Clauses 5.3 and 5.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3          You may:

                5.3.1 access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);

                5.3.2 download Our Site (or any part of it) for caching;

                5.3.3 print pages from Our Site;

                5.3.4 download extracts from pages on Our Site; and

                5.3.5 save pages from Our Site for later and/or offline viewing.

5.4          The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5          You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

5.6          Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.

6.            User Content

6.1          User Content on Our Site includes (but is not limited to) product listings, reviews of products, blog comments and blogs.

6.2          You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.3          You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4          You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.5          If you wish to remove User Content, you may do so by emailing hello@LOOLYN.com. We will use reasonable efforts to remove the User Content from Our Site. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6          We may reject, reclassify, or remove any User Content from Our Site where it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing upon request.

7.            Links to Our Site

7.1          You may link to Our Site provided that:

               7.1.1 you do so in a fair and legal way;

               7.1.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

               7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

               7.1.4 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2          Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at hello@LOOLYN.com for further information.

7.3          You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

               7.3.1 is sexually explicit;

               7.3.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

               7.3.3 promotes violence;

               7.3.4 promotes or assists in any form of unlawful activity;

               7.3.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

               7.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

               7.3.7 is calculated or is otherwise likely to deceive another person;

               7.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

               7.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

               7.3.10  implies any form of affiliation with Us where none exists;

               7.3.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

               7.3.12  is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.            Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9.           Clause Not Used

10.         Disclaimers and Legal Rights

10.1       Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.

10.2   Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure

10.3       We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10.4       We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and may not reflect Our opinions, views, or values.

11.         Our Liability

11.1       Please note that the provisions of this Clause 11 are subject to Our Terms for Buyers and Terms for Sellers..

11.2       To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

11.3       To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that my apply to Our Site or to any Content (including User Content) included on Our Site.

11.4       If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.5       We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

11.6       We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7       Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law.

12.         Viruses, Malware, and Security

12.1   We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same.

12.2       You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

12.3       You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4       You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5       You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of this clause Your right to use Our Site will cease immediately .

13.         Acceptable Usage Policy

13.1       You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:

              13.1.1  you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;

              13.1.2  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

              13.1.3  you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

              13.1.4  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2       When using Our Site, you must not communicate or otherwise do anything that:

              13.2.1  is sexually explicit;

              13.2.2  is obscene, deliberately offensive, hateful, or otherwise inflammatory;

              13.2.3  promotes violence;

              13.2.4  promotes or assists in any form of unlawful activity;

              13.2.5  discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

              13.2.6  is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

              13.2.7  is calculated or is otherwise likely to deceive;

              13.2.8  is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

              13.2.9  misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);

              13.2.10  implies any form of affiliation with Us where none exists;

              13.2.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

              13.2.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

13.3       We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

              13.3.1  removing your User Content from Our Site;

              13.3.2  issuing you with a written warning;

              13.3.3  legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

              13.3.4  further legal action against you as appropriate;

              13.3.5  disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

             13.3.6  any other actions which We deem reasonably necessary, appropriate, and lawful.

13.4       We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

13.5       If you wish to complain about information or content uploaded by other users that you feel breaches these terms, please contact us at hello@LOOLYN.com.

14.         Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy

15.         How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For full details of how we use your personal information please refer to our Privacy Policy

16.         Communications from Us

16.1       If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms for Sellers, Terms for Buyers, Privacy Policy; and changes to your Account.

16.2       We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 14 days for Us to comply with your request. During that time, you may continue to receive emails from Us.

17.         Contacting Us

To contact Us, please email Us directly at hello@LOOLYN.com or using any of the options provided on Our contact page

18.         Changes to these Terms of Use

18.1       We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

18.2       In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

19.          Law and Jurisdiction

19.1       These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Northern Ireland.

19.2       If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.


19.3       If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.
 

TERMS FOR BUYERS

 

BACKGROUND:

 

These Terms for Buyers, together with any and all other documents referred to herein, set out the terms under which Users (“Buyers”) buy from Sellers on Our Marketplace. Please read these Terms for Buyers carefully and ensure that you understand them before purchasing anything on Our Marketplace. You will be required to read and accept these Terms for Buyers when you sign up for an account with Our Marketplace. If you do not agree to comply with and be bound by these Terms for Buyers, you will not be able to purchase anything on Our Marketplace. These Terms for Buyers, as well as any and all contracts are in the English language only.

 

1.          Definitions and Interpretation

In these Terms for Buyers, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required to access and/or use certain areas of Our Site, including Our Marketplace;
“Buyer” means a User who makes a purchase on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing” means a listing on Our Marketplace advertising an item or items for sale;
“Marketplace” means Our platform for Buyers and Sellers on Our Site;
“Our Site” means this website, www.loolyn.com;
“Payment Service” means the payment service provided by Stripe or Paypal Holdings Inc;
“Seller” means a User who sells on Our Marketplace;
“Third Party Payment Service Provider” Stripe or Paypal Holdings Inc;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means LOOLYN, a limited company registered in Northern Ireland under company number NI665590, whose registered address is 77 Ardmore Heights, Holywood BT180PY

 

2.          Information About Us

2.1     Our Site is owned and operated by LOOLYN Ltd, a limited company registered in Northern Ireland under company number NI665590, whose registered address is 77 Ardmore Heights, Holywood BT180PY

2.2     and whose main trading address is 77 Ardmore Heights, Holywood BT180PY

3.          Access to and Use of Our Site

3.1     Access to Our Site is free of charge.

3.2.    It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3     Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Buyers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4     Use of Our Site is also subject to Our Terms of Use. Please ensure that you have read them carefully and that you understand them.

4.          Age Restrictions

You may only make purchases on Our Marketplace if you are at least 18 years of age.

5.          Our Marketplace

5.1     LOOLYN is a marketplace comprised of individual third-party Sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. Our Marketplace is provided solely as an online venue for Buyers and Sellers, but we do not manufacture goods, keep inventory or ship items on behalf of our Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:

               5.1.1 You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Seller in question, and your contract is with that Seller;

               5.1.2 We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;

               5.1.3 The content uploaded on our marketplace is generated by independent sellers who are not employees or representatives of LOOLYN. We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and

               5.1.4 While all Sellers are required to comply with Our Terms for Sellers which include provisions covering important matters such as payment methods, processing times, and delivery methods, all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).

6.          Intellectual Property Rights

6.1     The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace in Listings

6.2     Buyers must, at all times, respect the intellectual property rights of Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

7.          Buyer Rules and Acceptable Usage Policy

7.1     When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:

               7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;

               7.1.2. you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

               7.1.3. you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

              7.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;

              7.1.5 you must always provide accurate, honest information to Sellers on Our Marketplace; and

              7.1.6 you must not engage in any form of price fixing with other Users (including Sellers and Buyers).

7.2     When using Our Marketplace, you must not submit anything, or otherwise do anything that:

              7.2.1 is sexually explicit;

              7.2.2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

              7.2.3. promotes violence;

              7.2.4. promotes or assists in any form of unlawful activity;

              7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

              7.2.6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

              7.2.7. is calculated or is otherwise likely to deceive;

              7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

              7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);

             7.2.10. implies any form of affiliation with Us where none exists;

             7.2.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

             7.2.12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.3     We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Buyers. Further actions We may take include, but are not limited to:

              7.3.1 removing any offending material from Our Marketplace;

              7.3.2 issuing you with a written warning;

              7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

              7.3.4 further legal action against you as appropriate;

              7.3.5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

              7.3.6. any other actions which We deem reasonably necessary, appropriate, and lawful.

7.4     We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Buyers.

8.          Purchasing from Sellers

8.1     As set out above in Clause 5, all transactions on Our Marketplace are between Buyers and Sellers only. We are not a party to such transactions.

8.2.   When making a purchase from a Seller, you expressly agree that:

              8.2.1 You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Seller;

              8.2.2 No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email confirmation of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email confirmation of order.

             8.2.3 You should carefully review the Terms for Buyers, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms for Buyers and the email confirmation of your order or the applicable details on the product page, these Terms for Buyers shall prevail to the extent of the conflict or inconsistency. 

             8.2.4. You will pay for the item(s) purchased in full and on time, using one of the accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and

             8.2.5. You have provided complete and accurate delivery details to the Seller.

             8.2.6. We do not give any undertaking, that goods you purchase from Sellers through this Marketplace will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by Us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller.

 9.          Payment Service

9.1.     All Payments on Our Marketplace are made through the Payment Service provided by Stripe or Paypal Holdings Inc, Our Third Party Payment Service Provider.

9.2.     Your use of the Payment Service may require an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You should familiarise yourself with these before making payments to Sellers on Our Marketplace.

9.3.     By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.

9.4.     If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.

9.5.     The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

10.         Payments to Sellers

10.1.     All payments are processed using the Payment Service described above in Clause 9.

10.2.    If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller’s cancellation rights.

10.3.    We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

10.4.    In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods, the Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time.

11.          Taxes

11.1.    It is the responsibility of Sellers to collect and pay takes on any sales made through Our Marketplace.

11.2.    Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.

11.3.    If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace.

11.4.    For further information on VAT and other taxes in your location, please contact your local tax authority.

12.          Delivery

12.1.    Sellers are required to ship items to you as soon as is reasonably possible upon receipt of payment, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless a Listing states otherwise, or unless you have agreed otherwise with the Seller, the Seller must dispatch items no later than 30 calendar days after the date on which the Sale takes place. See our Delivery Policy for more information

12.2.    As stated in sub-Clause 8.2.5, you must provide complete and accurate delivery details to the Seller. The Seller is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller’s.

12.3.    Sellers are free to determine the delivery charges for their items; however, Sellers must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of delivering the item in question to you.

12.4.    Sellers must also provide a ships-from address for your reference, somewhere within their packaging or documentation.

12.5.    Different delivery methods may be offered by different Sellers. Check individual listings for details.

12.6.    Once an item has been dispatched to you, the We will inform you that it has been dispatched..

12.7.    Our Marketplace allows Sellers to share tracking information obtained from a postal or delivery service with you.

12.8.    Sellers are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.

12.9.    If you order goods from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount.

13.          Your Rights to Cancel and Return Items

13.1.    Please see our Returns and Refunds Policy if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately some items are non-cancelable and non-refundable, please see Our Returns and Refunds Policy for more information.

13.2.    If you are a consumer (that is, not a business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Seller and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) receive(s) the item.

13.3.    The cooling-off period does not apply in the following circumstances:

                    13.3.1. If the item is sealed for health or hygiene reasons, and you have unsealed the item after receiving it; or

                    13.3.2. If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and you have unsealed the item after receiving it; or

                    13.3.3. If the item is digital content and it has been downloaded or otherwise accessed by you; or

                    13.3.4. If the item is likely to deteriorate quickly, for example flowers or food; or

                    13.3.5. If the item has been personalised or made-to-order for you; or

                    13.3.6. If the item has been inseparably mixed with another item or other items (according to their nature) after you have received it.

13.4.     If you wish to exercise your right to cancel during the cooling-off period, you must inform the Seller of your decision within the cooling-off period. You may do so in any way you wish. Cancellation is effective from the date on which you send the Seller your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.

13.5.     Items must be returned to the Seller no more than 14 calendar days after the day on which you in form the Seller that you wish to cancel. You will be responsible for the costs of returning items to the Seller if you cancel under the cooling-off period.

13.6.     When you cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the following:

                      13.6.1. The day on which the Seller receives the item(s) back; or

                      13.6.2. The day on which you inform the Seller (supplying evidence) that you have sent the item(s) back (if this is earlier than the day under sub-Clause 13.6.1); or

                      13.6.3. If the Seller has not yet dispatched the item(s), the day on which you inform the Seller that you wish to cancel.

13.7.      The Seller may make certain limited deductions from refunds under this Clause 13 as follows:

                      13.7.1. The Seller may reduce a refund for any diminished value in an item resulting from your excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or

                      13.7.2. The Seller is only required by law to reimburse standard delivery charges. If you have chosen a premium delivery method, the Seller is only required to reimburse you for the equivalent of standard delivery.

14.           Problems with Transactions and Your Rights

14.1     By law, Sellers must provide goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that the Seller has provided to you, and that matches any samples or models that the Seller has shown to you (unless the Seller has made you aware of any differences).

14.2.    If items do not conform with the requirements outlined in sub-Clause 14.1 and, for example, have faults or are damaged when you receive them, you must contact the Seller as soon as reasonably possible to inform the Seller of the problem. The following remedies will be available to you:

                      14.2.1. Beginning on the day that you receive the item(s), if the item(s) is/are goods, you have a 30 calendar day right to reject them and to receive a full refund if they do not conform.

                      14.2.2.    If you do not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. The Seller must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, the Seller may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while the Seller carries out the repair or replacement and will resume on the day that you receive the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

                     14.2.3. If, after a repair or replacement, the item(s) still do not conform (or if the Seller cannot repair or replace it/them, as described above, or if the Seller has failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.

14.3.     If you exercise your final right to reject the item(s) more than six months after receiving it/them, the Seller may reduce any refund to reflect the use that you have had out of it/them.

                     14.4.     Please note you will not be eligible to claim under this Clause 14 in the following circumstances:

                     14.4.1. the Seller informs you of any fault(s), damage, or other problems with the item(s) before you purchase them and it is because of that/those same issue(s) that you subsequently wish to return them;

                     14.4.2. you have purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from your use of the item(s) for that purpose; or

                     14.4.3. the problem is the result of normal wear and tear, misuse, or intentional or careless damage.

                     14.4.4. The costs of returning items to a Seller should be covered by the Seller, reimbursing you where necessary.

14.5.     Refunds (whether full or partial, including reductions in price) under this Clause 14 must be issued within 14 calendar days of the day on which the Seller agrees that you are entitled to a refund.

14.6.     Any and all refunds under this Clause 14 must include all delivery costs paid by you when the item(s) was/were originally purchased.

14.7.     Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

 

15.          Further Transaction Cancellation Rights

15.1.    The Seller has the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:

                 15.1.2. You and the Seller have mutually agreed to cancel the transaction before the item(s) is/are dispatched;

                 15.1.2. You and the Seller have mutually agreed to cancel the transaction following receipt by you of the item(s) and you have returned the item(s) to the Seller;

                 15.1.3. You have failed to pay;

                 15.1.4. The Seller has chosen to refuse service to you.

15.2.     Refunds must be made within 14 days of:

      1. the date on which you and the Seller agree the cancellation, under sub-Clauses 15.1.1 and 15.1.2; or
      2. the date on which the Seller informs you that they are cancelling the transaction, under sub-Clauses 15.1.3 and 15.1.4.

16.          Your Account Cancellation Rights

16.1.     You may close your Account at any time by emailing us at hello@loolyn.com.

16.2.     Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

17.           Our Liability to You

17.1.     As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, as stated in sub-Clause 5.3, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned.

17.2.     We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Buyers or as a result of Our negligence.

17.3.     To the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

17.4.     Nothing in these Terms for Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

17.5.     Nothing in these Terms for Buyers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

18.          Communication and Contact Details

18.1.     If you wish to contact Us with general questions or complaints, you may contact Us by email at hello@loolyn.com, or by post at 77 Ardmore Heights, Holywood, BT180PY.

18.2.     For matters relating to Our Marketplace including, but not limited to, these Terms for Buyers, transactions, Sellers, please contact Us at hello@loolyn.com

18.3.     For matters relating to cancellations, please contact Us at hello@loolyn.com

19.          Data Protection

19.1.     All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. See our Privacy Policy for more details

19.2.     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

20.          Other Important Terms

20.1.     We may transfer (assign) Our obligations and rights under these Terms for Buyers to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing. Your rights under these Terms for Buyers will not be affected and Our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.

20.2.     You may not transfer (assign) your obligations and rights under these Terms for Buyers without Our express written permission.

20.3.     If any of the provisions of these Terms for Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers.  The remainder of these Terms for Buyers shall be valid and enforceable.

20.4.     No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Buyers means that We will waive any subsequent breach of the same or any other provision.

20.5.     We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.

20.6.     You acknowledge that these Terms for Buyers, and/or any transaction made by you via LOOLYN.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller.

20.7.     These Terms for Buyers and any documents expressly referred to in them constitute the entire agreement between Us and supersedes and extinguishes all previous, agreements, arrangements and understandings between Us, whether written or oral, relating to its subject matter. Each of us agrees that neither We nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms for Buyers or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms for Buyers and any documents expressly referred to in them.

20.8.     Where We or a Seller are prevented from or delayed in carrying out obligations under these Terms for Buyers due to circumstances beyond Our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either Our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

20.          Law and Jurisdiction

20.1.     These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Northern Ireland.

20.2.     If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3.     If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4.     If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.