Terms & Conditions for Sellers
This lists the Sellers Terms and Conditions.
These Terms and Conditions set out the rights and obligations between you and us when you supply Products to Buyers through www.minixplorers.com (Website). Please read through these Terms and Conditions carefully and make sure that you fully understand them. If you do not understand any aspect of these Terms and Conditions we highly recommend that you seek legal advice from a solicitor. Before making Products available for sale on our Website, you shall be asked to click on a button signifying your acceptance of these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to advertise Products on our Website. These Terms and Conditions may be changed by us without notice at any time. Such changes shall not apply retrospectively and shall not affect any transactions for Products purchased prior to the changes taking effect.
If you have any questions or queries about this or any other information on our Website, please do not hesitate to Contact Us at email@example.com.
1.1 The definitions and rules of interpretation in this clause apply in this agreement.
Additional Features: additional features including, without limitation, providing you with a prominent advertising position, banner, advert, Seller profile or featured Products.
All Proceeds of Sale: the Price and Delivery Charge paid by a Buyer for a Product (less the Commission) to be forwarded by us to you.
Buyer: the Buyer of a Product.
Cancellation Period: has the meaning given in clause 10.1.
Commission: 10% of the Price payable by you to us for using the Shop Window on the Website to showcase, advertise and sell a Product to a Buyer and any additional charges agreed for providing you with Additional Features.
Delivery Charge: the charge for packaging and delivering a Product.
Product: a Product advertised for sale by you on the Website.
Intellectual Property Rights: all patents, copyright, trademarks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, moral rights, design rights, rights in computer software, database rights, rights in text, artwork and photographs and rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered.
Price: the price excluding any present or future value added tax, other taxes, excise, sales levies, imposts, duties, fees, clearance charges, other charges, deductions or withholdings of any nature imposed or charged and the Delivery Charge in respect of a Product which a Buyer, in addition to the Price is liable to pay.
Territory: has the meaning in clause 13.2.
Terms and Conditions: the terms and conditions set out in this document.
1.2 Words in the singular shall include the plural and vice versa.
2.1 Your agreement with MiniXplorers shall remain in full force and effect while you are a member of MiniXplorers.
2.2 You may terminate your membership with MiniXplorers for any reason at any time.
- Your supplying arrangements
3.1 By making a Product available for sale on our Website, you indicate your unconditional acceptance of these Terms and Conditions. You must unconditionally accept these Terms and Conditions in order to proceed with your sale of a Product on our Website.
3.2 When you sell a Product through the Website, you shall be entering in to a direct contractual relationship with the Buyer of that Product. MiniXplorers is not a Buyer, trader, wholesaler or retailer and shall act as an intermediary between you and the Buyer only. Payment of the Price and Delivery Charge for a Product is made directly through MiniXplorers for the purposes of enabling MiniXplorers to issue a refund to the Buyer:
a) in the event that the Buyer wishes to cancel a contract and return a Product to you at anytime within the Cancellation Period in accordance with clause 10; and
b) in the event that a Product ordered is no longer available in accordance with clause 4.3.
3.3 Sellers and Buyers are not MiniXplorers organisations and MiniXplorers is not responsible for any error, act or omission made by either of them.
4.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the computer displays of any Buyer shall accurately reflect the actual colour of your Products. The images may vary slightly from your Products.
4.2 You must provide all information requested by us about your Products and you must make every effort to be as accurate as possible when providing, without limitation, descriptions, sizes, weights, capacities, dimensions, measurements, colours, packaging, images and specifications to ensure that all information about your Products on our Website is accurate and enables Buyers to make a fully informed decision before placing an order.
4.3 All Products shown on our Website are subject to availability. You shall update our Website regularly to reflect the availability of the Products in the event of any changes in volumes as soon as possible and in any event, no later than 24 hours after any such change in volumes.
4.4 If any Buyers have any questions or queries about any of your Products made available for sale on our Website, they shall contact you through the MiniXplorers platform. You must respond to a question or query made by a Buyer as soon as possible and in any case, no later than 3 working days after receipt.
4.5 Sellers are not permitted to sell any items on the Prohibited List located at the bottom of the page.
4.6 Please print a copy of these Terms and Conditions at the time you make Products available for sale on our Website for your ease of future reference.
- Use of our Website
- How we use your personal information
- Business advertising
7.1 Under the Consumer Protection from Unfair Trading Practices Regulations 2008, if you are a trader, falsely claiming or creating the impression that you are not acting in the course of trade or business is considered unfair by the Office of Fair Trading and is an offence for which you may be liable to prosecution. You must comply with the Regulations at all times.
7.2 A consumer must be able to easily recognise whether you are a trader or a private seller from the information provided in your advertisement even where you are acting on behalf of another person or organisation in accordance with The Business Advertisements (Disclosure) Order 1977.
- How the contract is formed between you and the Buyer
8.1 You may only sell Products to Buyers on our Website if you are at least 18 years old.
8.2 For the steps you need to take in order to sell Products on our Website, please see our Information for Sellers Guidance.
8.3 Our selling process allows you to check and amend any errors before submitting details of a Product. Please take the time to read and check these details at each stage of the selling process.
8.4 After a Buyer places an order, you and the Buyer will receive an e-mail from us acknowledging that the order has been placed. Please note that this does not mean that you have accepted the order. Acceptance of an order for Products by you shall take place as described in clause 8.5.
8.5 You must:
8.5.1 dispatch the Product for delivery; and
8.5.2 confirm through the MiniXplorers platform that the Product has been dispatched giving the Buyer an approximate delivery date and a tracking number, within 3 working days of acknowledgement of an order pursuant to clause 8.4 (Dispatch Confirmation). The contract between you and the Buyer shall only be formed when you send the Dispatch Confirmation to the Buyer.
- Your obligations
9.1.1 warrant and represent that you are at least 18 years of age at the time that you make Products available for sale on our Website and possess the legal capacity and legal authority to enter in to a direct contractual relationship with any Buyers in respect of any Products that you supply;
9.1.2 warrant and represent that, you are the legal owner of any Product advertised or shall have the authority and consent of the legal owner to sell a Product on behalf of the legal owner;
9.1.3 warrant and represent that all registration, contact, Product, Price, Delivery Charge, delivery and payment details and all other information required by MiniXplorers is accurate, up to date, complete, reliable, non-defamatory, non-deceptive, truthful, honest and complies with our Content Standards detailed in our Acceptable Use Policy, the highest advertising standards and all relevant legislation in force from time to time in all respects. We shall not accept any responsibility for your failure to fulfil your obligations under this clause 9.1 including, without limitation, any delay in you selling or failing to sell a Product or failing to receive All Proceeds of Sale;
9.1.4 must check and amend any errors in the information provided to MiniXplorers as soon as possible;
9.1.5 warrant and represent that the publication on the Website of any information submitted by you shall not detrimentally affect the reputation of MiniXplorers in any way or breach the rights of any third party including, without limitation, any Intellectual Property Rights and shall not render MiniXplorers liable to any legal proceedings;
9.1.6 must obtain the permission of any person present in an image before using that image on the Website and comply with the Data Protection Act 1998 in all respects;
9.1.7 shall ensure that when nominating an account to receive payment of All Proceeds of Sale, you are the owner of or have the requisite authority to use that account; and
9.1.8 be responsible for checking emails regularly. We shall be obliged to contact you by this method only and you agree to the associated risks of this form of communication.
9.2 All communications with Buyers shall take place through the Website and you shall not, under any circumstances, use the Website to solicit customers to sell your Products other than through the Website.
9.3 In the event that you fail to comply with any of the provisions of clauses 4.2 to 4.4, clause 8.5, this clause 9 or clauses 12.2 to 12.3, we reserve the right, at our absolute discretion to:
a) suspend your account with immediate effect until further notice; and / or
b) permanently close your account; and / or
c) arrange a full refund to the Buyer in respect of any Product.
- The Buyer’s right to cancel
10.1 A Buyer has the right to cancel a contract within 14 days Cancellation Period without giving any reason.
10.2 The Cancellation Period will expire 14 days from the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of:
a) the Product (in the case of a sales contract relating to a single Product); or
b) the last Product (in the case of a contract relating to multiple Products ordered by the Buyer in one order from you and delivered separately).
10.3 To exercise the right to cancel, the Buyer must inform the Seller and MiniXplorers by following the Products Return Procedure on their account page. If a Buyer exercises this option, we will let you know by email.
10.4 To meet the cancellation deadline, it is sufficient for the Buyer to send the communication concerning exercise of the right to cancel before the Cancellation Period has expired.
- Effects of cancellation
11.1 If the Buyer cancels a contract, subject to clause 11.11, we will reimburse to the Buyer all payments received from the Buyer, including the costs of delivery (except for the supplementary costs arising if the Buyer chose a type of delivery other than the least expensive type of standard delivery offered by you).
11.2 A Product must be dispatched back to you in its original unused condition by tracked post. The Buyer has a legal obligation to take reasonable care of the Product whilst it is in their possession.
11.3 You may make a reasonable deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by the Buyer. You can let us know by contacting us. Please note the Buyer is only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
11.4 We will make the reimbursement to the Buyer without undue delay, and not later than:
a) 14 days after the day you receive back from the Buyer any Products supplied; or
b) (if earlier) 14 days after the day the Buyer provides evidence that the Buyer has returned the Products; or
c) if there were no Products supplied, 14 days after the day on which we are informed about the Buyer’s decision to cancel a contract.
11.5 We may withhold reimbursement until you have received the Products back or the Buyer has supplied evidence (by tracked post) of having sent back the Products to you, whichever is the earliest.
11.6 We encourage the Buyer to send back the Products to you, without undue delay and in any event not later than 14 days from the day on which the Buyer communicates their cancellation of a contract.
11.7 The deadline is met if the Buyer sends back the Products before the Cancellation Period has expired.
11.8 The Buyer will have to bear the direct cost of returning the Products except where the Products are faulty or are not as described.
11.9 Returns where the Buyer notifies you after expiry of the Cancellation Period shall be accepted at your sole discretion in accordance with your returns policy. If we still hold All Proceeds of Sale paid by the Buyer, we shall issue the Buyer with a refund only if you have received the Product back in its original unused condition and you agree that we should issue the Buyer with a refund.
11.10 The right to cancel a contract outlined in clause 10 does not apply in the case of Products:
11.10.1 that are bespoke and have been customised to the Buyer’s requirements. For example, the addition of names and messages to Products or changes to any fabric at the Buyer’s request.
11.10.2 that may have been commissioned for the Buyer such as paintings, sculptures, ceramics or items of furniture that has been made to order.
11.10.3 such as earrings, pieces of clothing or personal items that have a seal of hygiene reasons where the seal has been broken
11.10.4 which become mixed inseparably with other items after their delivery.
11.11 If the Buyer wishes to exchange a Product for another Product for any reason, they will need to contact you. We recommend that the Buyer should return the Product to you in accordance with clause 11.2.
11.12 Please note that All Proceeds of Sale for a product will be automatically paid to the seller minus the 10% commission is received into their paypal account. If the Buyer notifies us of a problem we will forward their query to you the Seller in which case or they can contact you direct via your storefront. Once All Proceeds of Sale have been forwarded to you any returns shall be at your discretion in accordance with your returns policy. We will however, do our best to help you and a Buyer resolve any unresolved dispute.
12.1 It shall be your sole responsibility to post a Product ordered to a Buyer by tracked post in accordance with the estimated delivery date outlined in the Dispatch Confirmation. You must provide us and the Buyer with the tracking reference number. MiniXplorers merely administers the Shop Window in order to provide you with the opportunity to sell Products on the Website. We are not involved in arranging the delivery of any Products sold by you.
12.2 Delivery policies differ from Seller to Seller and your delivery policy is made easily accessible and explicitly clear next to the description of each of your Products and also under your designated section of the Shop Window. Please provide an up to date delivery policy to allow Buyers to check that they are happy with your delivery policy before they add your Products to their shopping basket.
12.3 You must dispatch Products not made to order within 2 working days. In respect of Products made to order, you must dispatch the Products on a date agreed between you and the Buyer.
13.1 All Prices and Delivery Charges are determined by you. This information is relayed to Buyers via the Website.
13.2 Prices and Delivery Charges on the Website shall be expressed in GBP sterling. All Prices and Delivery Charges shall be set by you and uploaded to the Website by you in GBP sterling. You shall be responsible for converting All Proceeds of Sale in to the currency of your choice and for all related costs and charges.
13.3 You may alter Prices and Delivery Charges for Products from time to time, but any such changes will not affect any order which you have accepted by way of Dispatch Confirmation.
13.4 Our Website contains a large number of Products. We use our best efforts to ensure that the Prices of Products are correct at the time when they are entered on to the Website. However, it is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced due to a technical error and you accept the associated risks of using the Website. If you discover an error in the Price of the Products that a Buyer has ordered that is not your fault, you must inform the Buyer in writing about the error and give the Buyer the option of continuing to purchase the Product at the correct price or cancelling the relevant order. The Buyer must be kept informed at all times.
13.5 You must give Buyers accurate and up to date information wherever possible on Prices, Delivery Charges, any present or future value added tax, other taxes, excise, sales levies, imposts, duties, fees, clearance charges, other charges, deductions or withholdings of any nature imposed or charged which the Buyer shall, in addition to the Price be liable to pay.
- All Proceeds of Sale and the Commission
14.1 Buyers may pay for Products using PayPal, Worldpay, Visa, Mastercard, AMEX, Amazon checkout and Maestro.
14.2 The Commission shall be retained by us after the Buyer makes payment in full and cleared funds to us. The Commission shall, under no circumstances be subject to any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). We may, at our sole discretion, withhold remittance of All Proceeds of Sale until any dispute between you and a Buyer is resolved to our satisfaction.
14.3 MiniXplorers charges 10% commission fees from each sale and reserves the right to change the Commission at any time. But the Seller will be notified beforehand in writing.
14.5 Subject to clauses 10 and 18.5 we shall instigate the transfer of All Proceeds of the sale immediately the Buyer makes payment for your product.
- Intellectual Property Rights and promotional activities
The Intellectual Property Rights in the photographs and information provided by you for use on the Website must be owned by you or you must have a licence to use such Intellectual Property Rights. You must also have the authority to licence or sub-licence, as the case may be, all such Intellectual Property Rights to MiniXplorers free of charge on a non-exclusive, irrevocable, perpetual, royalty free basis. You agree that MiniXplorers shall be free to use all such Intellectual Property Rights on the Website, in any manner that it thinks fit including, without limitation, for any promotional campaigns. You may be required to provide photographs and take part in promotional campaigns at MiniXplorers’s request.
- Our liability
16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
16.1.2 fraud or fraudulent misrepresentation; or
16.1.3 breach of any implied terms to any extent not permissible by law.
16.2 Subject to clause 16.1:
16.2.1 we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your agreement with us; and
16.2.2 the our total liability to you in respect of all other losses arising under or in connection with your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price and Delivery Charge of your Product in respect of each advertisement placed on the Website.
16.3 We shall not be liable for any injury, loss or damage caused by Products made or sold by you.
16.4 You undertake to indemnify, defend and otherwise hold harmless, MiniXplorers and its affiliates from all liabilities, costs, expenses, losses, damage, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses arising from any proceedings (legal or equitable) or claims brought or asserted against MiniXplorers including, without limitation, in respect of untrue or misleading information, defamation or infringement of any third party Intellectual Property Rights arising from publication of information submitted by you on the Website.
16.5 MiniXplorers will be reviewing product listings and shopefronts for ensuring that information submitted by you on the Website is suitable for any purpose required by you.
16.6 The terms implied by any applicable law are, to the fullest extent permitted by law, excluded from your agreement with us.
16.7 This clause 16 shall survive termination of your agreement with us.
17.1 You can contact:
a) us in writing by sending an e-mail to firstname.lastname@example.org; and
b) the Buyer of your Products through the MiniXplorers platform.
17.2 Please keep a copy of all correspondence for your own records.
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail using the email address that you have provided to us.
- Making a complaint
18.1 It is your responsibility to ensure that your Products are fit for purpose, of satisfactory quality and correspond with their description on the Website. If a Buyer experiences a problem, they may contact you to discuss the matter through the MiniXplorers platform. If you are unable to resolve the matter within 14 days of the Buyer receiving a Product, the Buyer may raise an official complaint by filing a dispute with the MiniXplorers Customer Support Aftercare Team and we shall commence an investigation in to the matter.
18.2 We encourage all Buyers to inform you about any problem as soon as reasonably practicable and no later than  days after they receive the Products subject to complaint in order to enable us to carry out our investigations which will require your full co-operation. A failure to act quickly and appropriately in respect of any dispute may result in a complaint being upheld against you.
18.3 You agree to the following:
a) to provide any form of evidence reasonably requested by us; and
b) your full co-operation, in respect of any complaint or claim.
18.4 We reserve the right to enforce any rights on behalf of Buyers.
18.5 We will liaise with you and the Buyer in respect of any complaint made by a Buyer. Please note that we shall release All Proceeds of Sale immediately unless the Buyer notifies us of a problem, in which case, All Proceeds of Sale shall be frozen until any dispute between you and the Buyer is resolved to our satisfaction.
19.1 Without affecting any other right or remedy available, this agreement may be terminated by us with immediate effect upon serving written notice on you if:
a) you fail to pay any amount due under these Terms and Conditions on the due date for payment and remain in default not less than 30 days after being notified by us in writing to make such payment;
b) you commit a material breach of these Terms and Conditions which is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 10 days after being notified to do so in writing;
c) you repeatedly breach any of the terms of this agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms and Conditions;
d) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case within the meaning of section 268 of the Insolvency Act 1986 or you commence negotiations with all or any class of your creditors or a receiver is appointed over your assets or you are the subject of a bankruptcy petition or order or a creditor enforces their rights against your assets and such attachment or process is not discharged within 14 days;
e) you pass away or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
19.2 For the purposes of clause 19.1.2, material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which we would otherwise derive from a substantial portion of this agreement including, without limitation, any of the obligations set out in clauses 4.2 to 4.4, 8.1, 8.5, 9, 12, 10 and 18. In deciding whether any breach is material, no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
- Consequences of termination
20.1 On termination or expiry of this agreement:
a) you shall immediately pay to us all outstanding sums (if any); and
b) the following clauses shall continue in force: clause 15 (Our liability), clause 17 (Communications), this clause 20 and clause 22.8 (Governing law and jurisdiction).
20.2 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
- Force majeure
21.1 Force Majeure Event means any circumstance not within our reasonable control including, without limitation acts of God such as flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attacks, civil war, civil commotion or riots, armed conflict, sanctions, nuclear, chemical or biological contamination or sonic boom, laws or regulatory action including without limitation export or import restriction or failing to grant a necessary licence or consent, collapse of buildings, fire, explosion or accident, trade disputes, non-performance by suppliers or subcontractors and failure of utility services.
21.2 If we are prevented, hindered or delayed in or from performing any of our obligations under these Terms and Conditions by a Force Majeure Event, we shall not be in breach of these Terms and Conditions or otherwise be liable for any such failure or delay in the performance of such obligations.
21.3 We shall:
a) as soon as reasonably practicable after the start of the Force Majeure Event, notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under these Terms and Conditions; and
b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
- Other important terms
22.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect any rights or obligations between us under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if you obtain our prior written consent.
22.2 No third parties shall have any right to enforce any part of these Terms and Conditions.
22.3 The rights and remedies provided under these Terms and Conditions are in addition to and not exclusive of, any rights or remedies provided by law.
22.4 Nothing in our Legal Terms is intended to, or shall be deemed to establish any partnership or joint venture, nor constitute MiniXplorers as your agent.
22.5 If any provision or part-provision of our Legal Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of our Legal Terms.
22.6 If we fail to insist that you perform any of your obligations under our Legal Terms, or if we do not enforce our rights against you, or if we delay in doing so, that shall not mean that we have waived our rights against you and it does not mean that you do not have to comply with those obligations. If we do waive any default made by you in respect of our Legal Terms, we will only do so in writing and that does not mean that we will automatically waive any later default by you.
22.7 Our Legal Terms, together with the relevant Buyers’ order forms constitute the entire agreement between you and us. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our Legal Terms. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in our Legal Terms.
22.8 Please note that our Legal terms is governed by English law. This means that the contract between you and us and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales shall have non-exclusive jurisdiction.
22.9 Sellers will have to apply to sell on our Marketplace and once we have reviewed their details we will reply to them within 3 working days.
- MiniXplorers reserves the right to close any inactive, empty stores after 30 days and after contact has been made twice. Where money should be owed, it will be returned as per the selling package details.
23.1 All product listings will be reviewed by us to make sure the item is made in Britain and to check for spelling mistakes etc..
Prohibited Items List
Please report and refrain from buying or selling any of the following on our site:
- Children’s Products that are not British made and products which are not belonging to the retailer unless specific consent has been granted by the copyright owner of the brand labels or name.
- Any products that are not permitted for children will be also be removed.
MiniXplorers is permitted to determine and remove products, services and even sellers which do not comply.